Commonwealth: Agricultural and Veterinary Chemicals (Administration) Act 1992 (Cth)

Agricultural and Veterinary Chemicals (Administration) Act 1992 No. 262, 1992 Compilation No. 42 Compilation date: 14 October 2024 Includes amendments: Act No. 39, 2024 About this compilation This compilation This is a compilation of the Agricultural and Veterinary Chemicals (Administration) Act 1992 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Object 4 Interpretation 5 Extension to external Territories 5A Application of the Criminal Code Part 2—Establishment, functions and powers of APVMA 6 Australian Pesticides and Veterinary Medicines Authority 7 Functions and powers 7A Approval of standards for certain residues of chemical products 8 Consultation 8A Consultation with Gene Technology Regulator 9 Agreements and arrangements 9A APVMA to comply with policies of Governments of Commonwealth, States and participating Territories 10 Minister may give directions 11 Delegation by APVMA Part 3—Constitution of APVMA, the Board and committees Division 1—Constitution of APVMA 12 APVMA is body corporate etc. Division 2—Board of the APVMA Subdivision A—Establishment and functions of the Board 14 Establishment of the Board 15 Functions and powers of the Board 16 Limitation on functions and powers of the Board Subdivision B—Board members 17 Membership of the Board 18 Appointment of appointed Board members 19 Term of appointment 20 Acting Board members 21 Remuneration 22 Paid work 23 Leave of absence 24 Resignation of appointment 25 Termination of appointment 26 Other terms and conditions Subdivision C—Meetings of the Board 27 Convening meetings 27A Presiding at meetings 27B Quorum 27C Voting at meetings 27D Conduct of meetings 27E Minutes 27F Decisions without meetings Subdivision D—Minister may give directions to the Board 27G Minister may give directions to the Board Subdivision E—Board to give documents to Secretary 27H Board to give documents to Secretary Subdivision F—Board committees 27J Board committees Subdivision G—Review of the Board 27K Review of the Board Division 5—APVMA committees 28 Establishment of committees 29 Meetings of committees 29A Remuneration and allowances of committee members 30 Arrangements relating to staff etc. Part 4—Chief Executive Officer 31 Chief Executive Officer 32 Duties 33 Appointment 34 Term of appointment 35 Remuneration and allowances 37 Terms and conditions of appointment 38 Chief Executive Officer not to engage in other paid work 39 Leave of absence for recreation 40 Leave of absence for other purposes 41 Resignation 41A Termination of appointment 42 Disclosure of interests 43 Acting Chief Executive Officer 44 Delegation by the Chief Executive Officer Part 5—Staff and consultants 45 Staff 46 Staff to be made available to the APVMA 47 Consultants Part 6—Corporate plan 51 Approval of corporate plan 52 Variation of corporate plan Part 7—Finance and reporting requirements Division 1—Finance 58 Money payable to the APVMA 59 Application of money by the APVMA Division 2—Reporting requirements 61 Annual report Division 3—Exemption from taxation 62 Exemption from taxation Part 7A—Importation, manufacture and exportation of chemicals Division 1—Interpretation 69A Interpretation Division 2—Importation, manufacture and exportation Subdivision A—Importation 69B Importation offence Subdivision B—Provision of information 69CA Providing information about certain chemical products etc. to comply with international agreements 69CB Providing information about certain chemical products etc. under international consideration 69CC Relevant agency to provide information to other countries 69CD Contraventions relating to providing information under sections 69CA and 69CB Subdivision C—Chemical products etc. subject to international agreements 69C Prohibition on import, manufacture, use or export of certain chemical products etc. under international agreements Subdivision D—Exportation 69D Export of chemical products Subdivision E—Miscellaneous 69EA Keeping of records 69EAA Definitions Part 7AA—Investigative powers Division 1—Monitoring Subdivision A—Monitoring powers etc. 69EAB Powers available to inspectors for monitoring compliance 69EAC Monitoring powers—with consent or with warrant 69EAD Operating electronic equipment 69EAE Securing evidence of the contravention of a related provision 69EAF Persons assisting inspectors 69EAG Use of force in executing a monitoring warrant Subdivision B—Powers of inspectors to ask questions and seek production of documents 69EAH Inspector may ask questions and seek production of documents 69EAJ Copying of documents Division 2—Investigation Subdivision A—Investigation powers 69EB Powers available to inspectors to investigate potential breaches of this Act and the Collection Act 69EBA Investigation powers 69EBB Operating electronic equipment 69EBC Seizing evidence of related offences and civil penalty provisions 69EBD Persons assisting inspectors 69EBE Use of force in executing an investigation warrant Subdivision B—Powers of inspectors to ask questions and seek production of documents 69EC Inspector may ask questions and seek production of documents 69ECA Copying of documents Division 3—Obligations and incidental powers of inspectors 69ED Consent 69EDA Announcement before entry under warrant 69EDB Inspector to be in possession of warrant 69EDC Details of warrant etc. to be given to occupier 69EDD Expert assistance to operate electronic equipment 69EDE Compensation for damage to electronic equipment Division 4—Execution of an investigation warrant interrupted 69EE Completing execution of an investigation warrant after temporary cessation 69EEA Completing execution of an investigation warrant stopped by court order Division 5—Occupier's rights and responsibilities 69EF Occupier entitled to observe execution of warrant 69EFA Occupier to provide inspector with facilities and assistance Division 6—General provisions relating to seizure 69EG Copies of seized things to be provided 69EGA Receipts for seized things 69EGB Return of seized things 69EGC Magistrate may permit a thing to be kept 69EGD Disposal of things Division 7—Applying for warrants etc. 69EH Monitoring warrants 69EHA Investigation warrants 69EHB Warrants by telephone, fax etc. 69EHC Authority of warrant 69EHD Offence relating to warrants by telephone, fax etc. Division 8—Powers of magistrates 69EI Powers of issuing officers Part 7AB—Enforcement Division 1—Civil penalty orders Subdivision A—Obtaining a civil penalty order 69EJ Civil penalty orders 69EJA Maximum penalties for contravention of civil penalty provisions 69EJB Civil enforcement of penalty 69EJC Conduct contravening more than one civil penalty provision 69EJD Multiple contraventions 69EJE Proceedings may be heard together 69EJF Civil evidence and procedure rules for civil penalty orders 69EJG Contravening a civil penalty provision is not an offence Subdivision B—Civil proceedings and criminal proceedings 69EJH Civil proceedings after criminal proceedings 69EJI Criminal proceedings during civil proceedings 69EJJ Criminal proceedings after civil proceedings 69EJK Evidence given in civil proceedings not admissible in criminal proceedings Subdivision C—Miscellaneous 69EJL Continuing contraventions of civil penalty provisions 69EJM Ancillary contravention of civil penalty provisions 69EJN Mistake of fact 69EJO State of mind 69EJP Evidential burden for exceptions 69EJQ Liability of body corporate for actions by employees, agents or officers 69EJR Liability of executive officers 69EJS Establishing whether an executive officer took reasonable steps to prevent the contravention of a civil penalty provision Division 2—Infringement notices 69EK When an infringement notice may be given 69EKA Matters to be included in an infringement notice 69EKB Extension of time to pay amount 69EKC Withdrawal of an infringement notice 69EKD Effect of payment of amount 69EKE Effect of this Division Division 3—Enforceable undertakings 69EL Acceptance of undertakings 69ELA Enforcement of undertakings Division 4—Injunctions 69EM Grant of injunctions 69EMA Discharging or varying injunctions 69EMB Certain limits on granting injunctions not to apply 69EMC Other powers of a court unaffected Division 5—Substantiation notices 69EN APVMA may require claims to be substantiated etc. 69ENA Compliance with substantiation notices 69ENB Failure to comply with substantiation notice Division 6—Formal warnings 69EO APVMA may issue a formal warning Division 7—Miscellaneous 69EP Hearings 69EQ Self‑incrimination to be a reasonable excuse for non‑compliance with requirement 69ER False or misleading information or document 69ES Evidential certificates 69ET Forfeiture 69EU Conduct by directors, employees and agents Part 8—Miscellaneous 69F Appointment of inspectors 69G Approval of analysts 69H Exemptions from liability for damages 69HA Protection of inspectors etc. 69J Documents or substances held by APVMA at commencement of Agvet Codes 70 Acts done by APVMA 71 Delegation by Minister 72 Review of Agvet Scheme every 10 years 73 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to establish an authority for the registration of agricultural and veterinary chemicals, and for related purposes Part 1—Preliminary 1 Short title This Act may be cited as the Agricultural and Veterinary Chemicals (Administration) Act 1992. 2 Commencement (1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation. (2) If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period. 3 Object The object of this Act is to establish a national registration authority to administer such laws of the Commonwealth or of the States and Territories relating to agricultural and veterinary chemical products as confer functions and powers on the Authority. 4 Interpretation In this Act, unless the contrary intention appears: appointed Board member means a Board member other than the Chief Executive Officer. APVMA means the Australian Pesticides and Veterinary Medicines Authority continued in existence by section 6. Board means the Board of the APVMA established by section 14. Board member means a member of the Board. Chair means the Chair of the Board. chemical product has the same meaning as in the Agvet Code of the participating Territories. Chief Executive Officer means the Chief Executive Officer appointed in accordance with section 33. civil penalty order has the meaning given by subsection 69EJ(4). civil penalty provision means a provision declared by this Act or the Collection Act to be a civil penalty provision. Collection Act means the Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994. committee means a committee established under section 28. confidential commercial information has the same meaning as in the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994. copy, in relation to a warrant issued under section 69EH or 69EHA (or a form of warrant completed under subsection 69EHB(6)), includes: (a) a copy sent by fax or other electronic means; or (b) a copy of a copy so sent. damage has the same meaning as in the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994. data has the same meaning as in the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994. evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist. evidential material means any of the following: (a) a thing with respect to which an offence against this Act or the Collection Act has been committed or is suspected, on reasonable grounds, to have been committed; (b) a thing with respect to which a civil penalty provision has been contravened or is suspected, on reasonable grounds, to have been contravened; (c) a thing that there are reasonable grounds for suspecting will afford evidence as to the commission of such an offence or contravention of such a civil penalty provision; (d) a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of committing such an offence or contravening such a civil penalty provision. executive officer of a body corporate means a person, by whatever name called and whether or not a director of the body, who is concerned in, or takes part in, the management of the body. Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013. Gene Technology Regulator has the same meaning as in the Gene Technology Act 2000. GM product has the same meaning as in the Gene Technology Act 2000. industry means the agricultural and veterinary chemicals industry. inspector means: (a) a person appointed as an inspector for the purposes of this Act under subsection 69F(1); or (b) a person to whom an authorisation referred to in subsection 69F(2) applies for the purposes of this Act. investigation powers has the meaning given by sections 69EBA, 69EBB and 69EBC. investigation warrant means: (a) a warrant issued under section 69EHA; or (b) a warrant signed by a magistrate under section 69EHB, being a warrant of the same kind as would have been issued under section 69EHA. member of the staff, in relation to the APVMA, means: (a) a person referred to in subsection 45(1); or (b) a person whose services are made available to the APVMA under paragraph 46(1)(a) or under arrangements made under subsection 46(2). monitoring powers has the meaning given by sections 69EAC, 69EAD and 69EAE. monitoring warrant means: (a) a warrant issued under section 69EH; or (b) a warrant signed by a magistrate under section 69EHB, being a warrant of the same kind as would have been issued under section 69EH. occupier has the same meaning as in the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994. paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise). participating Territory has the same meaning as in the Agricultural and Veterinary Chemicals Act 1994. person assisting an inspector: (a) in relation to the exercise of monitoring powers—has the meaning given by section 69EAF; and (b) in relation to the exercise of investigation powers—has the meaning given by section 69EBD. premises has the same meaning as in the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994. prescribed civil penalty provision means a civil penalty provision that is prescribed by the regulations. relevant data means information relevant to determining whether: (a) this Act, or the Collection Act, has been, or is being, complied with; or (b) information provided under this Act, or the Collection Act, is correct; or (c) levy is payable under the Collection Act. State includes the Northern Territory. Territory does not include the Northern Territory. warrant means a monitoring warrant or an investigation warrant. 5 Extension to external Territories This Act extends to every external Territory that is a participating Territory. 5A Application of the Criminal Code Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Part 2—Establishment, functions and powers of APVMA 6 Australian Pesticides and Veterinary Medicines Authority The body known immediately before the commencement of this section as the National Registration Authority for Agricultural and Veterinary Chemicals is continued in existence with the new name, Australian Pesticides and Veterinary Medicines Authority. 7 Functions and powers (1) The APVMA has any functions and powers that are conferred on it by or under this Act or the Agvet Code, or the Agvet Regulations, of the participating Territories. (1A) The functions of the APVMA include the following: (a) to assess the suitability for supply in Australia of active constituents for proposed or existing chemical products, chemical products and labels for containers for chemical products; (b) to provide information to the Governments and authorities of the Commonwealth, the States and the participating Territories about approved active constituents for proposed or existing chemical products, registered chemical products, reserved chemical products and approved labels for containers for chemical products and to co‑operate with those Governments and authorities on matters relating to the management and control of chemical products; (c) to keep records and statistics of approvals and registrations granted, and permits and licences issued, by it under the Agvet Codes; (d) to evaluate the effects of the use of chemical products in the States and participating Territories; (e) to co‑operate with Governments and authorities of the Commonwealth, the States and the participating Territories for the purpose of facilitating a consistent approach to the assessment and control of chemicals; (f) in co‑operation with Governments and authorities of the Commonwealth, the States and the participating Territories, to develop codes of practice, standards and guidelines for, and to recommend precautions to be taken in connection with, the manufacture, export, import, sale, handling, possession, storage, disposal and use of chemical products in the States and participating Territories; (g) to collect, interpret, disseminate and publish information relating to chemical products and their use; (h) to encourage and facilitate the application and use of results of evaluation and testing of chemical products; (i) to exchange information relating to chemical products and their use with overseas and international bodies having functions similar to the APVMA's functions; (j) when requested by the Minister, or on its own initiative, to report to or advise the Minister on any matter relating to chemical products or arising in the course of the performance of its functions; (k) to encourage and facilitate the introduction of uniform national procedures for control of the use of chemical products; (l) to fund, and co‑operate in, a program designed to ensure that active constituents for proposed or existing chemical products, chemical products, and labels for containers for chemical products, comply with the Agvet Codes and the Agvet Regulations. (1B) Expressions used in subsection (1A) have the same meanings as in the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994. (1C) The APVMA has any functions and powers that are conferred on it by Division 2A of Part 3 of the Food Standards Australia New Zealand Act 1991. (2) The APVMA has any functions and powers that are expressed to be conferred on it by a law of a State. (3) The APVMA has power to do all things necessary or convenient to be done in connection with the performance of its functions and, in particular, may: (a) enter into contracts; and (b) acquire, hold and dispose of real and personal property; and (c) occupy, use and control any land or building owned or held under lease by the Commonwealth, a State or a Territory and made available for the purposes of the APVMA; and (d) appoint agents and attorneys, and act as agent for other persons; and (da) make available to the public, either without charge or upon payment of a fee to the APVMA, manuals, reports, lists of requirements and other documents; and (e) do anything incidental to any of its powers. (4) In the performance of its functions and the exercise of its powers, the APVMA is to have regard to the Commonwealth Government's policy in relation to the principle of ecologically sustainable development and, in particular, to the need to use, conserve and enhance the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased. 7A Approval of standards for certain residues of chemical products (1) The APVMA must, by legislative instrument, approve standards for residues of chemical products in protected commodities. (2) In this section: protected commodity has the same meaning as in the Agvet Code. 8 Consultation (1) The APVMA, for the purpose of considering any matter, or obtaining information or advice, relating to the performance of its functions, may consult with persons or bodies, including: (a) persons or bodies involved in the industry; and (b) the Commonwealth Government or State Governments or Commonwealth or State authorities having functions relating to agricultural or veterinary chemicals; and (ba) a national regulatory authority of a foreign country that has national responsibility relating to the evaluation, registration or control of agricultural or veterinary chemical products; and (c) persons (including members of the scientific community) having a particular interest in matters associated with the industry; and (d) persons or bodies having a particular interest in the protection of the interests of consumers or in the protection of the environment. (1A) If the matter that is being considered by the APVMA, or in respect of which the APVMA is seeking information or advice, relates to an active constituent for a proposed or existing chemical product, a chemical product, or a label for containers for a chemical product, the APVMA may make available to the person or body concerned: (a) information obtained by it with respect to the constituent, product or label; and (b) samples of the constituent, of any of the active constituents of the product, or of the product, or samples or copies of the label, as the case may be. (2) The APVMA may: (a) pay travel expenses reasonably incurred by a person in connection with consultations by the APVMA; and (b) subject to written guidelines given to the APVMA by the Minister, pay expenses (other than travel expenses) reasonably incurred by a body or person in connection with consultations by the APVMA. 8A Consultation with Gene Technology Regulator (1) This section applies to the following: (a) an active constituent for a proposed or existing chemical product, being an active constituent that is or contains a GM product; (b) a proposed or existing chemical product that is or contains a GM product. (2) The APVMA must consult the Gene Technology Regulator in accordance with this section for the purposes of the following: (a) deciding an application under the Code in relation to any of the following: (i) approval of the active constituent; (ii) registration of the chemical product; (iii) approval of a label for containers for the chemical product; (b) deciding an application under the Code in relation to a variation of any of the following: (i) the approval of the active constituent; (ii) the registration of the chemical product; (iii) the approval of a label for containers for the chemical product; if the variation may affect the GM product; (c) reconsidering any of the following: (i) the approval of the active constituent; (ii) the registration of the chemical product; (iii) the approval of a label for containers for the chemical product; (d) deciding whether to issue a permit in respect of: (i) the active constituent; or (ii) the chemical product. (3) If the APVMA is required to consult the Gene Technology Regulator under subsection (2), the APVMA must give written notice to the Gene Technology Regulator: (a) stating that the application has been made, the reconsideration is to be undertaken, or the issue of the permit is being considered; and (b) requesting the Gene Technology Regulator to give advice about the application, reconsideration, or issue. (4) If the APVMA gives the Gene Technology Regulator a notice under subsection (3), the Gene Technology Regulator may give written advice to the APVMA about the application, reconsideration, or issue. (5) The advice is to be given within the period specified in the notice. (6) If the APVMA receives advice from the Gene Technology Regulator in response to a notice under this section within the period specified in the notice, the APVMA must: (a) ensure that the advice is taken into account in making a decision on the application, reconsideration, or issue to which the notice relates; and (b) inform the Gene Technology Regulator of the decision. (7) Unless the contrary intention appears, expressions used in this section have the same meanings as in the Agricultural and Veterinary Chemicals Code Act 1994. 9 Agreements and arrangements (1) The Minister, or a person authorised in writing by the Minister, may enter into an agreement or arrangement with a Minister of a State for the performance of functions or the exercise of powers by the APVMA as an agent of the State. (2) The APVMA has such functions and powers as are referred to in such an agreement or arrangement. 9A APVMA 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 APVMA must, in the performance of its functions and the exercise of its powers, comply with any policies of those Governments determined under the agreement. 10 Minister may give directions (1) Subject to subsection (2), the Minister may give written directions to the APVMA concerning the performance of its functions or the exercise of its powers, and the APVMA must comply with any such direction. (2) The Minister must not give a direction to the APVMA unless: (a) the Minister is satisfied that it is necessary to give the direction to the APVMA in order to ensure that, in performing its functions, or exercising its powers, the APVMA complies with policies referred to in section 9A; and (b) the Minister has given to the APVMA a written notice stating that the Minister is considering giving the direction; and (c) the Minister has given to the Board an adequate opportunity to discuss with the Minister the need for the proposed direction. (3) Subject to subsection (4), if the Minister gives a direction to the APVMA, the Minister must: (a) cause a notice setting out particulars of the direction to be published in the Gazette as soon as practicable after giving the direction; and (b) cause a copy of that notice to be laid before each House of the Parliament within 15 sitting days of that House after the publication of the notice in the Gazette. (4) Subsection (3) does not apply in relation to a particular direction if the Minister determines, in writing, that compliance with the subsection is undesirable because it would, or would be likely to, be prejudicial to the national interest of Australia. (5) A direction under subsection (1) is not a legislative instrument. 11 Delegation by APVMA (1) The APVMA may, by writing under its common seal, delegate to: (b) a committee; or (c) a member of the staff of the APVMA; or (d) an authority of the Commonwealth; or (e) a person appointed or engaged under the Public Service Act 1999; all or any of the APVMA's powers and functions. (1A) The APVMA may only delegate its powers under section 130 or section 131AA of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 to a member of staff who is an SES, or acting SES, employee. (2) A delegate of the APVMA is, in the exercise of the delegate's delegated powers and functions, subject to the APVMA's directions. Part 3—Constitution of APVMA, the Board and committees Division 1—Constitution of APVMA 12 APVMA is body corporate etc. (1) The APVMA: (a) is a body corporate with perpetual succession; and (b) is to have a common seal; and (c) may sue and be sued in its corporate name. (2) The common seal of the APVMA must be kept in such custody as the APVMA directs and must not be used except as authorised by the APVMA. (3) All courts, judges and persons acting judicially must take judicial notice of the imprint of the common seal of the APVMA appearing on a document and must presume that it was duly affixed. Division 2—Board of the APVMA Subdivision A—Establishment and functions of the Board 14 Establishment of the Board The Board of the APVMA is established by this section. 15 Functions and powers of the Board (1) The functions of the Board are: (a) to ensure the proper, efficient and effective performance of the APVMA's functions; and (b) to determine objectives, strategies and policies to be followed by the APVMA; and (c) to do anything incidental to or conducive to the performance of the functions referred to in paragraph (a) or (b). (2) In determining objectives, strategies and policies to be followed by the APVMA, the Board must have regard to section 1A of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994. (3) The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its functions. 16 Limitation on functions and powers of the Board To avoid doubt, the functions and powers of the Board do not include making decisions under any of the following: (a) Part 7A, 7AA, 7AB or 8 of this Act; (b) the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994; (c) regulations made under the Agricultural and Veterinary Chemicals Code Act 1994; (d) the Agricultural and Veterinary Chemicals Act 1994; (e) the Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994. Subdivision B—Board members 17 Membership of the Board The Board consists of the following members: (a) the Chair; (b) the Chief Executive Officer; (c) 3 other members. 18 Appointment of appointed Board members (1) The appointed Board members are to be appointed by the Minister by written instrument, on a part‑time basis. Note: An appointed Board member may be reappointed: see section 33AA of the Acts Interpretation Act 1901. (2) A person must not be appointed as an appointed Board member unless the Minister is satisfied that the person has appropriate qualifications, skills or experience in one or more of the following fields: (a) financial management; (b) law; (c) risk management; (d) public sector governance; (e) science (including agricultural science and veterinary science); (f) public health or occupational health and safety. (3) In appointing the appointed Board members, the Minister must ensure, to the extent practicable, that the appointed Board members are an appropriate mix of persons with the qualifications, skills or experience referred to in subsection (2). 19 Term of appointment (1) An appointed Board member holds office for the period specified in the instrument of appointment. The period must not exceed 4 years. (2) The appointed Board member is eligible to be reappointed on one occasion after the appointed Board member's first appointment. 20 Acting Board members Acting as the Chair (1) The Minister may, by written instrument, appoint an appointed Board member to act as the Chair: (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the Chair: (i) is absent from duty or from Australia; or (ii) is, for any reason, unable to perform the duties of the office. Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901. Acting as an appointed Board member (except the Chair) (2) The Minister may, by written instrument, appoint a person to act as an appointed Board member (except the Chair): (a) during a vacancy in the office of an appointed Board member (except the Chair), whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when an appointed Board member (except the Chair): (i) is absent from duty or from Australia; or (ii) is, for any reason, unable to perform the duties of the office. Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901. (3) A person is not eligible for appointment under subsection (2) unless the Minister is satisfied that the person has appropriate qualifications, skills or experience in one or more of the fields referred to in subsection 18(2). 21 Remuneration (1) An appointed Board member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations. (2) An appointed Board member is to be paid the allowances that are prescribed by the regulations. (3) This section has effect subject to the Remuneration Tribunal Act 1973. 22 Paid work An appointed Board member must not engage in any paid work that, in the Minister's opinion, conflicts or could conflict with the proper performance of the member's duties. 23 Leave of absence (1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines. (2) The Chair may grant leave of absence to any other appointed Board member on the terms and conditions that the Chair determines. 24 Resignation of appointment (1) An appointed Board member may resign the member's appointment by giving the Minister a written resignation. (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day. 25 Termination of appointment The Minister may terminate the appointment of an appointed Board member: (a) for misbehaviour; or (b) if the appointed Board member is unable to perform the duties of the member's office because of physical or mental incapacity; or (c) if the appointed Board member: (i) becomes bankrupt; or (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) compounds with the member's creditors; or (iv) makes an assignment of the member's remuneration for the benefit of the member's creditors; or (d) if the appointed Board member is absent, except on leave of absence, from 3 consecutive meetings of the Board; or (e) if the appointed Board member engages in paid work that, in the Minister's opinion, conflicts or could conflict with the proper performance of the member's duties (see section 22); or (f) if the Minister is satisfied that the appointed Board member's performance has been unsatisfactory. Note: The appointment of an appointed Board member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials). 26 Other terms and conditions An appointed Board member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister. Subdivision C—Meetings of the Board 27 Convening meetings (1) The Board must hold such meetings as are necessary for the efficient performance of its functions. (2) The Chair: (a) may convene a meeting at any time; and (b) must convene at least 4 meetings each calendar year; and (c) must convene a meeting within 30 days after receiving a written request to do so from another Board member. 27A Presiding at meetings (1) The Chair must preside at all meetings at which the Chair is present. (2) If the Chair is not present at a meeting, the other Board members present must appoint one of themselves to preside. 27B Quorum (1) At a meeting of the Board, a quorum is constituted by a majority of Board members. (2) However, if: (a) a Board member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Board with respect to a particular matter; and (b) when the Board member leaves the meeting concerned there is no longer a quorum present; the remaining Board members at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter. 27C Voting at meetings (1) A question arising at a meeting of the Board is to be determined by a majority of the votes of the Board members present and voting. (2) The person presiding at the meeting of the Board has a deliberative vote and, if the votes are equal, a casting vote. 27D Conduct of meetings The Board may, subject to this Subdivision, regulate proceedings at its meetings as it considers appropriate. Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which Board members may participate in meetings. 27E Minutes (1) The Board must keep minutes of its meetings. (2) The Board must give the Secretary of the Department a copy of the minutes, and the Board papers, from each meeting within 20 business days of the meeting. 27F Decisions without meetings (1) The Board is taken to have made a decision at a meeting if: (a) without meeting, a majority of the Board members entitled to vote on the proposed decision indicate agreement with the decision; and (b) that agreement is indicated in accordance with the method determined by the Board under subsection (2); and (c) all the Board members were informed of the proposed decision, or reasonable efforts were made to inform all the Board members of the proposed decision. (2) Subsection (1) applies only if the Board: (a) has determined that it may make decisions of that kind without meeting; and (b) has determined the method by which Board members are to indicate agreement with proposed decisions. (3) For the purposes of paragraph (1)(a), a Board member is not entitled to vote on a proposed decision if the Board member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Board. (4) The Board must keep a record of decisions made in accordance with this section. (5) The Board must give the Secretary of the Department details of each decision made in accordance with this section within 20 business days of the decision being made. Subdivision D—Minister may give directions to the Board 27G Minister may give directions to the Board (1) The Minister may give written directions to the Board about the performance of its functions or the exercise of its powers. (2) The Board must comply with a direction under subsection (1). (3) Subsection (2) does not apply to the extent that the direction relates to the Board's performance of functions or exercise of powers under the Public Governance, Performance and Accountability Act 2013 in relation to the APVMA. (4) The Minister must not give a direction to the Board unless: (a) the Minister has given the Board a written notice stating that the Minister is considering giving the direction; and (b) the Minister has given the Board an adequate opportunity to discuss with the Minister the need for the proposed direction. (5) A direction under subsection (1) is a notifiable instrument. (6) The Minister must cause a copy of a direction under subsection (1) to be laid before each House of the Parliament within 15 sitting days of giving the direction. Subdivision E—Board to give documents to Secretary 27H Board to give documents to Secretary The Board must give the Secretary of the Department a copy of each document requested by the Secretary of the Department within 20 business days of the request being made. Subdivision F—Board committees 27J Board committees (1) The Board may establish committees to assist it in the performance of its functions or the exercise of its powers, and may abolish any such committee. (2) A committee is to consist of such persons (whether Board members or not) as the Board determines. (3) The Board may determine: (a) the committee's terms of reference; and (b) the terms and conditions of appointment of the members of the committee; and (c) the procedures to be followed by the committee. (4) The members of the committee (other than Board members) are not officials for the purposes of the Public Governance, Performance and Accountability Act 2013. Subdivision G—Review of the Board 27K Review of the Board (1) The Minister must cause a review to be conducted of the functions and operation of the Board. (2) The review must be completed before the end of the period of 4 years beginning on the day this section commences. (3) At any time after the review referred to in subsection (1) is completed, the Minister may cause a review to be conducted of the functions and operation of the Board. (4) The person undertaking a review under this section must give the Minister a written report of the review. (5) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister. Division 5—APVMA committees 28 Establishment of committees (1) The APVMA may establish committees to assist it in the performance of its functions and the exercise of its powers, and may abolish any such committee. (2) A committee is to consist of such persons (whether Board members or not) as the APVMA determines. 29 Meetings of committees (1) The APVMA may determine: (a) the manner in which a committee is to perform its functions; and (b) the procedure to be followed at or in relation to the meetings of a committee, including matters with respect to: (i) the convening of meetings; and (ii) the number of members of the committee who are to form a quorum; and (iii) the selection of a member of the committee to be the Chairperson of the committee; and (iv) the manner in which questions arising at a meeting are to be decided. (2) If a member of a committee has a direct or indirect financial interest in a matter being considered, or about to be considered, by the committee, the member must, as soon as practicable after the member becomes aware of the relevant facts, disclose the nature of the interest at a meeting of the committee. (3) A disclosure under subsection (2) must be recorded in the minutes of the meeting and the member must not, unless the APVMA otherwise determines: (a) be present during any deliberation of the committee with respect to that matter; or (b) take part in any decision of the committee with respect to that matter. 29A Remuneration and allowances of committee members (1) A member of a committee (other than a Board member) is to be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination is in operation, the member is to be paid such remuneration as is prescribed. (2) A member of a committee (other than a Board member) is to be paid such allowances as are prescribed. (3) If a person who is a member of a committee: (a) is a member of the Parliament of a State; or (b) is a candidate for election to the Parliament of a State and, under the law of the State, would not be eligible to be elected as a member of that Parliament if the person were entitled to remuneration or allowances under this Act; or (c) is in service or employment of a State, or of an authority of a State, on a full‑time basis; or (d) holds or performs the duties of an office or position established by or under a law of a State on a full‑time basis; the person must not be paid remuneration or allowances under this Act, but is to be reimbursed the expenses that the person reasonably incurs in performing duties under this Act. (4) This section has effect subject to the Remuneration Tribunal Act 1973. (5) In this section: Parliament of a State: (a) in relation to the Australian Capital Territory—means the Legislative Assembly for the Australian Capital Territory; or (b) in relation to the Northern Territory—means the Legislative Assembly of the Northern Territory. State includes the Australian Capital Territory and the Northern Territory. 30 Arrangements relating to staff etc. The Chairperson of a committee is to arrange with the Chief Executive Officer for the services of employees of, and consultants to, the APVMA, and for facilities of the APVMA, to be made available to the committee. Part 4—Chief Executive Officer 31 Chief Executive Officer There is to be a Chief Executive Officer of the APVMA. 32 Duties (1) The Chief Executive Officer is responsible for the day‑to‑day management and decision making of the APVMA and, in doing this, may exercise any of the powers and perform any of the functions of the APVMA. (3) All acts and things done in the name of, or on behalf of, the APVMA by the Chief Executive Officer are taken to have been done by the APVMA. (4) The Chief Executive Officer is to act in accordance with the objectives, strategies and policies determined by the Board under paragraph 15(1)(b). (5) The Board may give written directions to the Chief Executive Officer about the performance of the Chief Executive Officer's duties. (6) The Chief Executive Officer must comply with a direction under subsection (5). (7) Subsection (6) does not apply to the extent that the direction relates to the Chief Executive Officer's performance of functions or exercise of powers under the Public Service Act 1999 in relation to the APVMA. (8) The Board must not give a direction to the Chief Executive Officer unless: (a) the Board has given the Chief Executive Officer a written notice stating that the Board is considering giving the direction; and (b) the Board has given the Chief Executive Officer an adequate opportunity to discuss with the Board the need for the proposed direction. (9) A direction under subsection (5) is not a legislative instrument. 33 Appointment (1) The Chief Executive Officer is to be appointed by the Board by written instrument, on a full‑time basis. (1A) Before appointing the Chief Executive Officer, the Board must consult the Minister. (2) An appointed Board member is not eligible for appointment as the Chief Executive Officer. (3) The appointment of a person as Chief Executive Officer is not invalid because of a defect or irregularity in connection with the person's appointment. 34 Term of appointment The Chief Executive Officer holds office for such period not exceeding 5 years as is agreed in writing between the Board and the Chief Executive Officer, but is eligible for re‑appointment. 35 Remuneration and allowances (1) The Chief Executive Officer is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Chief Executive Officer is to be paid the remuneration that is determined by the Board in writing. (2) The Chief Executive Officer is to be paid the allowances that are determined by the Board in writing. (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973. 37 Terms and conditions of appointment The Chief Executive Officer holds office on such terms and conditions in relation to matters not provided for by this Act as are determined by the Board in writing. 38 Chief Executive Officer not to engage in other paid work The Chief Executive Officer must not engage in paid work outside the duties of his or her office except with the approval of the Board. 39 Leave of absence for recreation The Chief Executive Officer has such recreation leave entitlements as are determined by the Remuneration Tribunal. 40 Leave of absence for other purposes The Board may grant to the Chief Executive Officer leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Board determines in writing. 41 Resignation The Chief Executive Officer may resign by giving to the Board a signed notice of resignation. 41A Termination of appointment (1) The Board may terminate the appointment of the Chief Executive Officer: (a) for misbehaviour; or (aa) if the Chief Executive Officer is unable to perform the duties of the Chief Executive Officer's office because of physical or mental incapacity; or (b) if the Chief Executive Officer: (i) becomes bankrupt; or (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) compounds with his or her creditors; or (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or (c) if the Chief Executive Officer is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or (d) if the Chief Executive Officer engages, except with the Board's approval, in paid work outside the duties of his or her office; or (e) if the Chief Executive Officer fails, without reasonable excuse, to comply with subsection 42(1); or (f) if the Board is satisfied that the Chief Executive Officer's performance has been unsatisfactory. Note: The appointment of the Chief Executive Officer may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials). (2) Before terminating the appointment of the Chief Executive Officer, the Board must consult the Minister. 42 Disclosure of interests (1) The Chief Executive Officer must give written notice to the Board of all direct or indirect financial interests that the Chief Executive Officer has or acquires in any business or in any body corporate carrying on any business. (2) Subsection (1) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests). 43 Acting Chief Executive Officer (1) The Board may appoint a person to act as Chief Executive Officer: (a) during a vacancy in the office of Chief Executive Officer, whether or not an appointment has previously been made to that office; or (b) during any period, or during all periods, when the Chief Executive Officer is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office of Chief Executive Officer. Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901. (2) Before appointing a person to act as Chief Executive Officer, the Board must consult the Minister. (4) Unless the contrary intention appears, a reference in this Act other than this section, to the Chief Executive Officer is taken, if a person is acting as Chief Executive Officer, to be a reference to the person so acting. 44 Delegation by the Chief Executive Officer The Chief Executive Officer may, by signed writing, delegate to a member of the staff of the APVMA all or any of the powers and functions of the Chief Executive Officer under this Act including, to avoid doubt, any powers and functions of the Chief Executive Officer under subsection 32(1). Part 5—Staff and consultants 45 Staff (1) The staff of the APVMA are to be persons engaged under the Public Service Act 1999. (2) For the purposes of the Public Service Act 1999: (a) the Chief Executive Officer and the staff of the APVMA together constitute a Statutory Agency; and (b) the Chief Executive Officer is the Head of that Statutory Agency. 46 Staff to be made available to the APVMA (1) The APVMA is to be assisted by: (a) officers and employees of Agencies (within the meaning of the Public Service Act 1999), and of authorities of the Commonwealth, whose services are made available to the APVMA in connection with the performance or exercise of any of its functions or powers; and (b) persons whose services are so made available under arrangements made under subsection (2). (2) The APVMA may make an arrangement with: (a) the appropriate authority or officer of: (i) the Government of a State or Territory or of a foreign country; or (ii) an authority of such a Government; or (iii) an organisation; or (b) another person; under which the Government, authority, organisation or person may make officers or employees available to the APVMA to perform services in connection with the performance or exercise of any of its functions or powers. (3) In the performance of services for the APVMA under this section, a person is subject to the directions of the Chief Executive Officer. 47 Consultants (1) The APVMA may engage persons having suitable qualifications and experience as consultants to the APVMA. (2) The terms and conditions of engagement are to be determined by the APVMA. Part 6—Corporate plan 51 Approval of corporate plan (1) The Board must give a corporate plan, prepared under section 35 of the Public Governance, Performance and Accountability Act 2013, to the Minister for approval on or before: (a) 1 June in each calendar year; or (b) a later day in a particular calendar year, as allowed by the Minister; unless the Minister determines otherwise. (2) The plan comes into force on the later of: (a) if approval is required under subsection (1)—the day it is approved by the Minister; and (b) the first day of the period to which it relates. (3) Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government's key priorities and objectives) does not apply to a corporate plan prepared by the Board. 52 Variation of corporate plan (1) The Board may, at any time, review a corporate plan and consider whether a variation to the plan is necessary. (2) The Board must, if requested by the Minister, vary a corporate plan and give the variation to the Minister for approval. (3) The Board may, with the approval of the Minister, vary a corporate plan. (4) A variation of a plan already in force takes effect on the day the variation is approved. (5) Despite subsection (3), the Minister's approval is not required for a minor variation of the plan. A minor variation of a plan already in force takes effect on the day the variation is made. Part 7—Finance and reporting requirements Division 1—Finance 58 Money payable to the APVMA (1) The Commonwealth must pay to the APVMA amounts equal to: (a) such money as is appropriated by the Parliament for the purposes of the APVMA; and (b) fees received by the Commonwealth under this Act, the Agvet Codes or the Agvet Regulations; and (c) any amounts of levy, late payment penalty or understatement penalty paid to the Commonwealth under any Act providing for the collection of a levy imposed in respect of the disposal of chemical products; and (d) any amounts paid by a State or a participating Territory to the Commonwealth for the purposes of the APVMA. (2) The Finance Minister may give directions about the amounts in which, and the times at which, money payable under paragraph (1)(a) is to be paid to the APVMA. (3) If a direction under subsection (2) is given in writing, the direction is not a legislative instrument. (4) If an amount referred to in any of paragraphs (1)(b) to (d) is refunded by the Commonwealth, the APVMA must pay to the Commonwealth an amount equal to the refund. (5) The Minister may, on behalf of the Commonwealth, set off an amount payable by the APVMA under subsection (4) against an amount that is payable to the APVMA under subsection (1). (6) Amounts payable under paragraphs (1)(b) to (d) are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly. 59 Application of money by the APVMA (1) The money of the APVMA is to be applied only: (a) in payment or discharge of the costs, expenses and other obligations incurred by the APVMA in the performance of its functions and the exercise of its powers; and (b) in payment of any remuneration or allowances payable under this Act; and (c) in making any other payments that the APVMA is authorised or required to make by or under any law of the Commonwealth, a State or a Territory that confers functions or powers on the APVMA. (2) Subsection (1) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the APVMA. Division 2—Reporting requirements 61 Annual report The annual report prepared by the Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include particulars of: (b) an evaluation of the APVMA's overall performance during that period against the performance indicators (if any) prescribed by the regulations for the purposes of this paragraph; and (c) any exercise of powers under section 131AA of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 during that period; and (e) significant purchases and disposals of real property by the APVMA during that period; and (f) any directions given to the APVMA by the Minister during that period to which subsection 10(3) applies and the impact of the directions on the operations of the APVMA; and (g) any directions given to the Board by the Minister during that period and the impact of the directions on the operations of the APVMA. Division 3—Exemption from taxation 62 Exemption from taxation The APVMA is not subject to taxation under the laws of the Commonwealth or of a State or Territory. Note: Despite this section, the APVMA may be subject to taxation under certain laws. See, for example, section 177‑5 of the A New Tax System (Goods and Services Tax) Act 1999. Part 7A—Importation, manufacture and exportation of chemicals Division 1—Interpretation 69A Interpretation Unless the contrary intention appears, expressions used in this Part have the same meanings as in the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994. Division 2—Importation, manufacture and exportation Subdivision A—Importation 69B Importation offence (1) A person must not: (a) import into Australia: (i) an active constituent for a proposed or existing chemical product that is neither an approved active constituent nor an exempt active constituent; or (ii) a chemical product that is not a registered chemical product, a reserved chemical product or an exempt chemical product; or (b) arrange for the importation into Australia, on behalf of another person who, at the time of the arrangements, is neither a resident of, nor carrying on business in, Australia, of such an active constituent or chemical product. (1AA) A person commits an offence if the person contravenes subsection (1). Penalty: 300 penalty units. (1A) Subsection (1AA) does not apply if the person has a reasonable excuse. Note: The defendant bears an evidential burden in relation to the matter in subsection (1A). See subsection 13.3(3) of the Criminal Code. (1B) Subsection (1AA) does not apply if the person has the APVMA's written consent. Note: The defendant bears an evidential burden in relation to the matter in subsection (1B). See subsection 13.3(3) of the Criminal Code. (1C) For the purposes of subsection (1AA), strict liability applies to the physical element of circumstance in subparagraph (1)(a)(i), that the active constituent is neither an approved active constituent nor an exempt active constituent. Note: For strict liability, see section 6.1 of the Criminal Code. (1D) For the purposes of subsection (1AA), strict liability applies to the physical element of circumstance in subparagraph (1)(a)(ii), that the chemical product is neither a registered chemical product nor an exempt chemical product. Note: For strict liability, see section 6.1 of the Criminal Code. (1E) Subsection (1) is a civil penalty provision. Note 1: Part 7AB provides for pecuniary penalties for contraventions of civil penalty provisions. Note 2: For the evidential burden in civil penalty proceedings in relation to the matters in subsection (1B), see section 69EJP. (2) In subsection (1): exempt active constituent means an active constituent that is exempted by the APVMA from the operation of that subsection. exempt chemical product means a chemical product that is exempted by the APVMA from the operation of that subsection. (3) The APVMA may, by writing, exempt an active constituent for a proposed or existing chemical product, or exempt a chemical product, from the operation of subsection (1). (3A) A consent given under subsection (1B) may be subject to any conditions that the APVMA thinks appropriate. (3B) The APVMA may impose a condition, by writing, on a consent at any time while the consent is in force. (4) If: (a) the importation of an active constituent for a proposed or existing chemical product, or of a chemical product, is prohibited under subsection (1); and (b) the APVMA notifies the Comptroller‑General of Customs (within the meaning of the Customs Act 1901) in writing that the APVMA wishes the Customs Act 1901 to apply to that importation; the Customs Act 1901 has effect as if the constituent or product included in that importation were goods described as forfeited to the Crown under section 229 of that Act because they were prohibited imports within the meaning of that Act. Subdivision B—Provision of information 69CA Providing information about certain chemical products etc. to comply with international agreements Regulations may prescribe international agreements (1) The regulations may prescribe an international agreement or arrangement for the purposes of this section. Regulations may prescribe information about import etc. of certain chemicals (2) For the purposes of complying with a prescribed agreement or arrangement, the regulations may prescribe the following information in respect of a prescribed active constituent for a proposed or existing chemical product, or a prescribed chemical product: (a) information about the import of the constituent or product into Australia; (b) information about the manufacture or use of the constituent or product in Australia; (c) information about other dealings with the constituent or product in Australia; (d) information about the export of the constituent or product from Australia. (3) For each constituent or product, the regulations must identify the relevant international agreement or arrangement. A person must provide prescribed information about prescribed constituents or products (4) A person must provide any relevant prescribed information in respect of a prescribed constituent or product if the person imports, manufactures, uses, deals with or exports the constituent or