Hansard debates

             AGRICULTURAL AND VETERINARY CHEMICALS (VICTORIA) BILL
                                 Second reading

  Mr W. D. McGRATH (Minister for  Agriculture) -- I move:
  That this bill be now read a second time.
The Agricultural and  Veterinary Chemicals (Victoria)  Bill  1994 has  one  main
objective:
        to  enable   the  national  registration  scheme  for  agricultural  and
        veterinary chemicals to operate in Victoria.

This bill is the culmination of a vision adopted wholeheartedly by  industry and
government  alike  to  establish  a  uniform   national  regulatory  system  for
agricultural and veterinary chemicals.
The role of agricultural  and veterinary chemicals has  been highly regulated in
most  developed  countries,  including  Australia, because of the potential  for
adverse  effects.  Agricultural  and  veterinary  chemicals  are  vital  to  the
profitability and success of modern  Australian  agriculture, the maintenance of
urban amenity, the  preservation  of public health  and  the control  of  pests,
disease  and weeds. Registration of these chemicals seeks to reduce any possible
hazards to public health, the environment, occupational health and safety and to
enhance  the  export  potential of  our  agricultural  products.  Currently,  in
Australia registration is controlled by each state.

The  national  registration  scheme   will  replace  the  separate  schemes  for
evaluating and  registering chemicals existing  in individual states. This  is a
substantial and appropriate  move forward in  the regulation of agricultural and
veterinary  chemical products. It is a move that  is directly  in line  with the
government's micro-economic reform strategy.
For  many years  the  states have cooperated  with  each other and  commonwealth
agencies to share resources and expertise in the scrutiny of these chemicals. In
recent years  it has been beyond  the resources of any one  state to provide the
necessary   expertise  to  examine  all   aspects  of  a   chemical  during  the
pre-registration  process;  in  effect, many aspects of the registration  system
have operated at a national level for some years.

In  addition the development  and marketing of agricultural chemical products by
the chemical industry  is based  on factors  that have  little to  do with state
boundaries. It is inappropriate  that such boundaries provide additional hurdles
to the chemical industry through the form of varying registration requirements.
Victoria  has  played a  significant  part  in the  development  of the national
registration scheme and  throughout this process  has  worked closely  with  the
commonwealth and  other states and territories. The major aim has been to ensure
that  the national scheme subjects the vast range of agricultural and veterinary
chemicals to a high  degree  of  scrutiny  before products are released onto the
market. The  community demands that this be done and it is necessary to preserve
the sustainability of agriculture in Australia.
I turn now to the provisions of the Bill.

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It is proposed that the manner in which the national registration scheme will be
adopted  in Victoria  is through the passage of this bill, which will  apply the
Agvet code as set out in the Agricultural and Veterinary Chemicals Code Act 1994
of the commonwealth as a law  of Victoria.  This method  of adoption will ensure
national uniformity. Similar adoptive legislation is under consideration in most
other states. South Australia has already passed such legislation.
The Agvet code is the centrepiece of the  legislation.  It  provides  a  uniform
regulatory system for agricultural and veterinary chemicals including clearance,
registration, standards, permits and  enforcement procedures. To all intents and
purposes  the  Agvet  code  finalises the  transfer  of  a  previously  existing
state-based regulatory system to a  uniform  national  scheme.  The  legislative
package provides for the national registration authority to control agricultural
and  veterinary chemicals  up to and including the point of sale. Control of use
beyond the point of sale will remain a state responsibility.

To help  ensure that the Agvet code  in Victoria together with the  code in each
other  jurisdiction operates so  far  as possible on  a uniform basis throughout
Australia,  the  bill provides that certain commonwealth administrative laws and
prosecution arrangements will apply to the scheme in Victoria.
In addition, I wish to make a  statement under section 85(5) of the Constitution
Act 1975 of the reason for altering or varying that section by the bill.
Clause 31(4)  of  the  bill is  intended  to  alter or vary  section  85  of the
Constitution Act 1975 to the extent necessary to prevent the bringing before the
Supreme  Court  of  any  action, suit or proceeding referred to in clause 31(1).
Clause 31(1) in effect provides  that  no  action,  suit or other proceeding for
damages lies against Victoria or its responsible officer as  a result of certain
matters  arising  from  the   administration   and  operation  of  the  national
registration scheme.

The reason for preventing the bringing of these proceedings  is  to  protect the
state from potential liabilities arising out of the operation of the scheme at a
national level and its administration by the national registration authority.
Although the  proposed bill  applies the  Agvet  code as  a law  of Victoria  it
provides a mechanism that will enable specified laws of the state to have effect
despite the Agvet code. The Agvet code has been specifically designed to operate
without conflict with other  current state laws.  However, this provision allows
Victoria  a method of problem solving should the need arise. It is  important to
note that to date detailed scrutiny of the Agvet code has revealed no overlap of
laws within Victoria.
To enable satisfactory dovetailing of the Agvet code with state control  of  use
legislation, consequential amendments will  be  made  to  the  Agricultural  and
Veterinary Chemicals Act 1992.

They are of a consequential or technical  nature  and  serve  to bring Victorian
control of use legislation into line with the Agvet code. At present Victoria is
the only state  to have control of  use legislation that  consolidates virtually
all the control of  use requirements for  agricultural and veterinary  chemicals
under the  one act. The amendments will  serve to ensure that when the scheme is
fully operational  Victoria will have  cohesive control of use  legislation that
operates hand in hand with the national regulatory system.
The national registration scheme contains provisions that  will  ensure improved
public participation and greater availability of information for the public. The
scheme  also incorporates a  formal  and systematic  program  for reviewing  old
chemicals  to  ensure  that  they  meet   contemporary  safety  and  performance
standards.  Products   that  are  unable  to   meet  those  standards   will  be
deregistered.

An important aspect  of  the operations of  the national registration  authority
will be the ability to recall stocks of products not complying with registration
requirements or those products that have been found to present a  risk to public
health or  trade.  Surveillance of  compliance  with  the  requirements  of  the
national regulatory system  will be carried out through a network  of authorised
officers from the state Department of Agriculture. The  system will be funded by
the  commonwealth  and  backed by an agreement which will  include  a  plan  for
compliance operations.
The Agvet code contains  extensive  provisions that allow an applicant to have a
decision  of  the   national  registration  authority   reviewed.  The  national
registration authority  can  be requested  by  the applicant  to  reconsider the
decision  with  the  matter being referred to  the  commonwealth  Administrative
Appeals Tribunal only if the matter remains unresolved.

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The national registration authority,  which  has  been established to administer
the national registration scheme, has a board  of  directors,  two  of  whom are
currently from Victoria.
There is widespread support for the national regulatory system from the chemical
and rural  industries and from  state and national  regulatory  authorities. The
intention is that no-one  will be disadvantaged  during the changeover from  the
state to the national system. All agricultural and veterinary chemicals that are
currently  registered  in  Victoria  will automatically transfer to the national
registration system when it becomes operational in this state.
States, territories and the commonwealth  will continue to work together closely
to ensure  that our controls over agricultural and veterinary  chemical products
continue to  be  applied  appropriately to protect the health and welfare of the
people of Victoria and the agricultural industry of the state.

I commend the bill to the house.
Debate adjourned on motion of Ms MARPLE (Altona).
Debate adjourned until Thursday, 22 September.