PETITION Thursday. 8 September 1994 ASSEMBLY 151 Thursday, 8 September 1994 to enable the national registration scheme for agricultural and veterinary chemicals to operate in Victoria. This bill is the culmination of a vision adopted The SPEAKER (Hon. J. E. Delzoppo) took the chair wholeheartedly by industry and government alike to at 10.04 a.m. and read the prayer. establish a uniform national regulatory system for agricultural and veterinary chemicals. PETmON The role of agricultural and veterinary chemicals has The Oerk - I have received the following been highly regulated in most developed countries, petition for presentation to Parliament: including Australia, because of the potential for adverse effects. Agricultural and veterinary Metropolitan Ambulance Service chemicals are vital to the profitability and success of modem Australian agriculture, the maintenance of To the Honourable the Speaker and members of the urban amenity, the preservation of public health and Legislative Assembly in Parliament assembled: the control of pests, disease and weeds. Registration of these chemicals seeks to reduce any possible The humble petition of the citizens of the state of hazards to public health, the environment, Victoria sheweth that we are extremely concerned with occupational health and safety and to enhance the the Metropolitan Ambulance Service's inability to meet export potential of our agricultural products. demand for its services. Currently, in Australia registration is controlled by each state. Your petitioners therefore pray that the budget cuts to the Metropolitan Ambulance Service are reversed with The national registration scheme will replace the a view to further increasing funding to cope with separate schemes for evaluating and registering demand. chemicals existing in individual states. This is a substantial and appropriate move forward in the And your petitioners, as in duty bound, will ever pray. regulation of agricultural and veterinary chemical products. It is a move that is directly in line with the By Mr Thwaites (2299 signatures) and Mr Baker (76 government's micro-economic reform strategy. signatures) For many years the states have cooperated with each Laid on table. other and commonwealth agencies to share resources and expertise in the scrutiny of these ADJOURNMENT chemicals. In recent years it has been beyond the resources of anyone state to provide the necessary Mr GUDE (Minister for Industry and expertise to examine all aspects of a chemical during Employment) - I move: the pre-registration process; in effect, many aspects of the registration system have operated at a That the house, at its rising, adjourn until Tuesday, national level for some years. 13 September 1994. In addition the development and marketing of Motion agreed to. agricultural chemical products by the chemical industry is based on factors that have little to do AGRICULTURAL AND VETERINARY with state boundaries. It is inappropriate that such CHEMICALS (VICTORIA) BILL boundaries provide additional hurdles to the chemical industry through the form of varying Second reading registration requirements. Mr W. D. McGRArn (Minister for Victoria has played a Significant part in the Agriculture) - I move: development of the national registration scheme and throughout this process has worked closely with the That this bill be now read a second time. commonwealth and other states and territories. The major aim has been to ensure that the national The Agricultural and Veterinary Chemicals scheme subjects the vast range of agricultural and (Victoria) Bill 1994 has one main objective: AGRICULTURAL AND VETERINARY CHEMICALS (VICTORIA) BILL 152 ASSEMBLY Thursday. 8 September 1994 veterinary chemicals to a high degree of scrutiny Although the proposed bill applies the Agvet code before products are released onto the market. The as a law of Victoria it provides a mechanism that community demands that this be done and it is will enable specified laws of the state to have effect necessary to preserve the sustainability of despite the Agvet code. The Agvet code has been agriculture in Australia. specifically designed to operate without conflict with other current state laws. However, this I turn now to the provisions of the Bill. It is provision allows Victoria a method of problem proposed that the manner in which the national solving should the need arise. It is important to note registration scheme will be adopted in Victoria is that to date detailed scrutiny of the Agvet code has through the passage of this bill, which will apply the revealed no overlap of laws within Victoria. Agvet code as set out in the Agricultural and Veterinary Chemicals Code Act 1994 of the To enable satisfactory dovetailing of the Agvet code commonwealth as a law of Victoria. This method of with state control of use legislation, consequential adoption will ensure national uniformity. Similar amendments will be made to the Agricultural and adoptive legislation is under consideration in most Veterinary Chemicals Act 1992. They are of a other states. South Australia has already passed consequential or tedmical nature and serve to bring such legislation. Victorian control of use legislation into line with the Agvet code. At present Victoria is the only state to The Agvet code is the centrepiece of the legislation. have control of use legislation that consolidates It provides a uniform regulatory system for virtually all the control of use requirements for agricultural and veterinary chemicals including agricultural and veterinary chemicals under the one clearance, registration, standards, permits and act. The amendments will serve to ensure that when enforcement procedures. To all intents and purposes the scheme is fully operational Victoria will have the Agvet code finalises the transfer of a previously cohesive control of use legislation that operates hand existing state-based regulatory system to a uniform in hand with the national regulatory system. national scheme. The legislative package provides for the national registration authority to control The national registration scheme contains provisions agricultural and veterinary chemicals up to and that will ensure improved public participation and including the point of sale. Control of use beyond greater availability of information for the public. The the point of sale will remain a state responsibility. scheme also incorporates a formal and systematic program for reviewing old chemicals to ensure that To help ensure that the Agvet code in Victoria they meet contemporary safety and performance together with the code in each other jurisdiction standards. Products that are unable to meet those operates so far as possible on a uniform basis standards will be deregistered. throughout Australia, the bill provides that certain commonwealth administrative laws and prosecution An important aspect of the operations of the national arrangements will apply to the scheme in Victoria. registration authority will be the ability to recall stocks of products not complying with registration In addition, I wish to make a statement under requirements or those products that have been section 85(5) of the Constitution Act 1975 of the found to present a risk to public health or trade. reason for altering or varying that section by the bill. Surveillance of compliance with the requirements of the national regulatory system will be carried out Clause 31(4) of the bill is intended to alter or vary through a network of authorised officers from the section 85 of the Constitution Act 1975 to the extent state Department of Agriculture. The system will be necessary to prevent the bringing before the funded by the commonwealth and backed by an Supreme Court of any action, suit or proceeding agreement which will include a plan for compliance referred to in clause 31(1). Clause 31(1) in effect opera tions. provides that no action, suit or other proceeding for damages lies against Victoria or its responsible The Agvet code contains extensive provisions that officer as a result of certain matters arising from the allow an applicant to have a decision of the national administration and operation of the national registration authority reviewed. The national registration scheme. The reason for preventing the registration authority can be requested by the bringing of these proceedings is to protect the state applicant to reconsider the decision with the matter from potential liabilities arising out of the operation being referred to the commonwealth Administrative of the scheme at a national level and its Appeals Tribunal only if the matter remains administration by the national registration authority. unresolved. MARGARINE (REPEAL) BILL Thursday, 8 September 1994 ASSEMBLY 153 The national registration authority, which has been as butter. The product could be produced more established to administer the national registration cheaply than butter and was known as scheme, has a board of directors, two of whom are oleomargarine. Legislation was passed in a number currently from Victoria. of countries to ensure against consumer misrepresentation. There is widespread support for the national regulatory system from the chemical and rural The Victorian Parliament first passed a Margarine industries and from state and national regulatory Act in 1893, providing that margarine must not be authorities. The intention is that no-one will be coloured to resemble butter, that margarine must be disadvantaged during the changeover from the state sold in cube fonn in blocks of