Agricultural and Veterinary Chemicals (Administration) Regulations

Prepared by the Office of Parliamentary Counsel, Canberra Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Statutory Rules No. 28, 1995 made under the Agricultural and Veterinary Chemicals (Administration) Act 1992 Compilation No. 18 Compilation date: 14 July 2020 Includes amendments up to: F2020L00906 Registered: 19 August 2020 Authorised Version F2020C00739 registered 19/08/2020 About this compilation This compilation This is a compilation of the Agricultural and Veterinary Chemicals (Administration) Regulations 1995 that shows the text of the law as amended and in force on 14 July 2020 (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 Legislation 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 series page on the Legislation 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 series page on the Legislation 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 Self-repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Authorised Version F2020C00739 registered 19/08/2020 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 i Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Contents Part 1—Preliminary 1 1.1 Name of Regulations ......................................................................... 1 1.3 Interpretation ..................................................................................... 1 1.3A Meaning of controlled chemical ....................................................... 2 1.4 Meaning of authorised officer ........................................................... 3 1.5 Meaning of generic information about a person ............................... 3 Part 1A—Annual operational plan and annual report 4 1A.1 Information for inclusion in annual report ........................................ 4 1A.2 Information for inclusion in annual operational plan ........................ 4 1A.3 Performance indicators for inclusion in annual report ...................... 4 Part 2—Providing information about certain active constituents and chemical products 6 2.05 Prescribed international agreements (Act s 69CA(1)) ....................... 6 2.10 Prescribed chemicals (Act s 69CA(2)) .............................................. 6 2.15 Prescribed chemicals (Act s 69CB(1)) .............................................. 6 2.20 Prescribed information—import (Act ss 69CA(2)(a) and 69CB(2)(a)) ....................................................................................... 6 2.25 Prescribed information—manufacture (Act ss 69CA(2)(b) and 69CB(2)(b)) ................................................................................ 7 2.30 Prescribed information—use (Act ss 69CA2)(b) or 69CB(2)(b)) ...................................................................................... 7 2.35 Prescribed information—other dealings (Act ss 69CA(2)(c) or 69CB(2)(c)) .................................................................................. 7 2.40 Prescribed information—export (Act ss 69CA(2)(d) and 69CB(2)(d)) ...................................................................................... 7 2.45 Prescribed period for giving prescribed information (Act ss 69CA(5) and 69CB(5)) ................................................................. 7 Part 3—Prohibition on import, manufacture etc of certain active constituents and chemical products 9 Division 3.1—General 9 3.05 Prescribed international agreements (Act, s 69C) ............................. 9 3.10 Effect of grant of permissions or multiple permits ............................ 9 3.15 Notice to be given if additional information required ....................... 9 3.20 Matters that may be considered when making decision .................... 9 Division 3.2—Import 11 Subdivision 3.2.1—Absolute prohibition 11 3.45 Prohibited importation .................................................................... 11 Subdivision 3.2.2—Prohibition subject to conditions 11 3.50 Chemicals to which this Subdivision applies .................................. 11 3.55 Prohibition ...................................................................................... 11 3.60 Applications for permission to import import-prohibited chemicals ........................................................................................ 12 3.65 When permission may be granted ................................................... 12 Authorised Version F2020C00739 registered 19/08/2020 ii Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Division 3.3—Manufacture 13 Subdivision 3.3.1—Absolute prohibition 13 3.100 Prohibited manufacture ................................................................... 13 Subdivision 3.3.2—Prohibition subject to conditions 13 3.105 Chemicals to which this Subdivision applies .................................. 13 3.110 Prohibition ...................................................................................... 13 3.115 Applications for permission to manufacture manufacture-prohibited chemicals .................................................. 14 3.120 When permission may be granted ................................................... 14 Division 3.4—Use 16 3.145 Absolute prohibition ....................................................................... 16 3.150 Prohibition subject to conditions ..................................................... 16 Division 3.5—Dealing with chemicals 17 Subdivision 3.5.1—Absolute prohibition 17 3.175 Prohibited dealing ........................................................................... 17 Subdivision 3.5.2—Prohibition subject to conditions 17 3.180 Chemicals to which this Subdivision applies .................................. 17 3.185 Prohibition ...................................................................................... 17 3.190 Applications for permission to deal with dealing-prohibited chemicals ........................................................................................ 18 3.195 When permission may be granted ................................................... 18 Division 3.6—Export 19 Subdivision 3.6.1—Absolute prohibition 19 3.200 Prohibited export ............................................................................. 19 Subdivision 3.6.2—Prohibition subject to conditions 19 3.205 Chemicals to which this Subdivision applies .................................. 19 3.210 Prohibition ...................................................................................... 19 3.215 Applications for permission to export export-prohibited chemicals ........................................................................................ 20 3.220 Additional information required for certain exports........................ 20 3.225 When permission must be granted .................................................. 21 3.230 When permission may be granted ................................................... 21 3.235 Required conditions ........................................................................ 22 3.240 Deciding application for permission to export when import decision available ............................................................................ 22 3.245 Deciding application for permission to export when import decision not known ......................................................................... 23 3.250 When permission must be refused .................................................. 23 Division 3.7—Multiple entry import and multiple exit export permits 25 3.305 Definitions ...................................................................................... 25 3.310 Purpose ........................................................................................... 25 3.315 Fit and proper person ...................................................................... 25 3.320 Multiple entry import permits ......................................................... 26 3.325 When multiple entry import permits may be granted ...................... 26 Authorised Version F2020C00739 registered 19/08/2020 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 iii Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 3.330 Multiple exit export permits ............................................................ 26 3.335 When multiple exit export permits may be granted—general ......... 26 3.340 Grant of multiple exit export permits in special circumstances .................................................................................. 27 3.345 Annual reports................................................................................. 27 3.350 Period of validity and renewal of permit ......................................... 27 Division 3.8—Conditions or restrictions of permissions or multiple permits 29 3.405 Conditions ....................................................................................... 29 3.410 Revocation etc of permission or multiple permits ........................... 29 Division 3.9—Review of decisions 30 3.505 Notice of authorised officer’s decision ........................................... 30 3.510 Reconsideration of decisions by Minister ....................................... 30 3.515 Notice of Minister’s decision .......................................................... 30 3.520 Review of decisions by AAT .......................................................... 31 3.550 Export of chemical products—fees for certificates ......................... 31 Part 3A—Infringement notices 32 3A.01 Infringement notices ....................................................................... 32 Part 4—Miscellaneous 33 4.10 Annual returns—active constituents ............................................... 33 4.15 Method of securing samples ........................................................... 33 4.20 Reconsideration participation review .............................................. 33 Schedule 1—Chemicals 36 Part 1—Reading this Schedule 36 Part 2—Chemical products defined in terms of a single active constituent 38 Part 3—Chemical products defined in terms of 2 or more active constituents 63 Schedules 2 to 4 64 Schedule 5—Infringement notices 65 Endnotes 66 Endnote 1—About the endnotes 66 Endnote 2—Abbreviation key 67 Endnote 3—Legislation history 68 Endnote 4—Amendment history 70 Authorised Version F2020C00739 registered 19/08/2020 Authorised Version F2020C00739 registered 19/08/2020 Preliminary Part 1 Regulation 1.1 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 1 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Part 1—Preliminary 1.1 Name of Regulations These Regulations are the Agricultural and Veterinary Chemicals (Administration) Regulations 1995. 1.3 Interpretation (1) In these Regulations: Act means the Agricultural and Veterinary Chemicals (Administration) Act 1992. active constituent has the same meaning as in the Agvet Code of the participating Territories. agricultural chemical product has the same meaning as in the Agvet Code of the participating Territories. Agvet Code of the participating Territories has the same meaning as in subsection 5(1) of the Agricultural and Veterinary Chemicals Code Act 1994. authorised officer has the meaning given by regulation 1.4. CAS number or Chemical Abstracts Service number means the registry number: (a) assigned to the chemical by the Chemical Abstracts Service, Columbus, Ohio, United States of America; and (b) published by the Service in the journal Chemical Abstracts. chemical product has the same meaning as in the Agvet Code of the participating Territories. Collector has the meaning given by subsection 8(1) of the Customs Act 1901. controlled chemical has the meaning given by regulation 1.3A. generic information has the meaning given by regulation 1.5. import decision means a response, made under paragraph 2 of Article 10 of the Rotterdam Convention, providing a response in accordance with the requirements of paragraph 4 of that Article that consists of a final decision or an interim decision (within the respective meanings given by that paragraph): (a) consenting to import with or without specified conditions; or (b) not consenting to import. IUPAC name means a name assigned to a chemical by the International Union of Pure and Applied Chemistry, set out in International Standard ISO 1750— 1981: Pesticides and Agrochemicals—Common Names, published in Geneva by the International Standards Organisation in 1981. multiple entry import permit has the meaning given by regulation 3.310. Authorised Version F2020C00739 registered 19/08/2020 Part 1 Preliminary Regulation 1.3A 2 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 multiple exit export permit has the meaning given by regulation 3.310. multiple permit means a multiple entry import permit or multiple exit export permit. non-party, in relation to a Convention, means a country that has not consented to be bound by the Convention or for which the Convention is not in force. prescribed chemical means: (a) an active constituent or chemical product that has been prescribed by these Regulations for the purposes of section 69CA or 69CB of the Act; or (b) a chemical product containing an active constituent referred to in paragraph (a). Rotterdam Convention means the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade. Note: In 2012, the text of the Convention was available at www.pic.int. Secretariat means: (a) in relation to the Rotterdam Convention, the secretariat established under Article 19 of that Convention; and (b) in relation to the Stockholm Convention, the secretariat established under Article 20 of that Convention. Stockholm Convention means the Stockholm Convention on Persistent Organic Pollutants (POPs). Note: In 2012, the text of the Convention was available at www.pops.int. veterinary chemical product has the same meaning as in the Agvet Code of the participating Territories. (2) Unless the contrary intention appears, a term that is defined in an international agreement or arrangement and that is used in these Regulations has the same meaning in these Regulations when used in relation to that agreement or arrangement. (3) A reference in these Regulations to an active constituent is a reference to an active constituent for a proposed or existing chemical product. 1.3A Meaning of controlled chemical (1) Subject to subregulation (2), in these Regulations: controlled chemical means: (a) an active constituent or chemical product listed in Part 2 of Schedule 1; or (b) a chemical product containing an active constituent referred to in paragraph (a); or (c) the chemical product listed as an item in Part 3 of Schedule 1. Authorised Version F2020C00739 registered 19/08/2020 Preliminary Part 1 Regulation 1.4 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 3 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 (2) To avoid doubt, if the heading of an item in Part 2 of Schedule 1 includes the words ‘and its compounds’ or other words describing all compounds, or all compounds of a particular kind (such as, for example, ‘and its salts and esters’) of the relevant chemical, all compounds, or all such compounds, of the chemical are also controlled chemicals. 1.4 Meaning of authorised officer An officer of the Department is an authorised officer for a provision of these Regulations if the person is authorised in writing by the Secretary under the provision in which the expression occurs. 1.5 Meaning of generic information about a person (1) In these Regulations: generic information about a person means the following information: (a) the person’s name; (b) the person’s ABN; (c) the address of the person’s principal place of business; (d) the address of the person’s registered office, if different from the address of the person’s principal place of business; (e) if the person is not an individual, the name of an individual who is to be the contact person; (f) the telephone and facsimile numbers for, and e-mail address of, the person and contact person. (2) If a person has given generic information about himself, herself or itself to the Department, and the information changes, the person must give the new information to the Department within 30 days. Authorised Version F2020C00739 registered 19/08/2020 Part 1A Annual operational plan and annual report Regulation 1A.1 4 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Part 1A—Annual operational plan and annual report 1A.1 Information for inclusion in annual report The APVMA must include in its annual report a list of: (a) the standards made under section 6E of the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 during the period to which the annual report relates; and (b) the standards made under section 6E that were varied by the APVMA during the period to which the annual report relates. 1A.2 Information for inclusion in annual operational plan For paragraph 55(2)(c) of the Act, the following information is prescribed: (a) the number of reconsiderations to be commenced by the APVMA under section 31 of the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 (the Agvet Code Act) during the period to which the annual operational plan relates; (b) the number of reconsiderations to be concluded by the APVMA under Division 4 of Part 2 of the Schedule to the Agvet Code Act during that period; (c) brief details of how the APVMA plans to progress those reconsiderations during that period. 1A.3 Performance indicators for inclusion in annual report For subparagraph 61(b)(ii) of the Act, the following performance indicators are prescribed: (a) the number of reconsiderations commenced by the APVMA under section 31 of the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 (the Agvet Code Act) during the period to which the annual report relates; (b) the number of reconsiderations concluded by the APVMA under Division 4 of Part 2 of the Schedule to the Agvet Code Act during that period; (c) brief details of the progress of reconsiderations that were scheduled to progress in that period; (ca) a summary of any action taken by the APVMA under section 99 of the Schedule to the Agvet Code Act during that period; (d) the number of applications mentioned in each item of Part 2 of Schedule 6 of the Agricultural and Veterinary Chemicals Code Regulations 1995 that were: (i) made under the Schedule to the Agvet Code Act during that period; and Authorised Version F2020C00739 registered 19/08/2020 Annual operational plan and annual report Part 1A Regulation 1A.3 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 5 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 (ii) not determined within the period required for the application by regulations made under section 165 of that Schedule; (e) the number of reports (known as adverse experience reports) received by the APVMA during that period; (f) the number of adverse experience reports mentioned in paragraph (e) that the APVMA determined were related to each of the following: (i) human health; (ii) environment; (iii) animal health; (iv) crop health; (v) efficacy for agricultural chemical products or veterinary chemical products; (g) a summary of any action taken by the APVMA during that period in relation to adverse experience reports. Note: Adverse experience reports are received under the Adverse Experience Reporting Program (AERP) which is a post-registration quality assurance program established by the APVMA. Authorised Version F2020C00739 registered 19/08/2020 Part 2 Providing information about certain active constituents and chemical products Regulation 2.05 6 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Part 2—Providing information about certain active constituents and chemical products 2.05 Prescribed international agreements (Act s 69CA(1)) Each of the following is a prescribed international agreement for the purposes of subsection 69CA(1) of the Act: (a) the Rotterdam Convention; (b) the Stockholm Convention. 2.10 Prescribed chemicals (Act s 69CA(2)) A chemical is a prescribed active constituent or prescribed chemical product for the purposes of subsection 69CA(2) of the Act if: (a) there is an item in Schedule 1 for the chemical; and (b) the item describes the chemical as a prescribed active constituent or a prescribed chemical product for the purposes of that subsection. Note: For each constituent or product, the relevant item identifies the relevant international agreement or arrangement (see the Act, subsection 69CA(3)). 2.15 Prescribed chemicals (Act s 69CB(1)) A chemical is a prescribed active constituent or prescribed chemical product for the purposes of subsection 69CB(1) of the Act if: (a) there is an item in Schedule 1 for the chemical; and (b) the item describes the chemical as a prescribed active constituent or prescribed chemical product for the purposes of that subsection. 2.20 Prescribed information—import (Act ss 69CA(2)(a) and 69CB(2)(a)) The following information about the import into Australia of a prescribed chemical is prescribed for the purposes of paragraphs 69CA(2)(a) and 69CB(2)(a) of the Act: (a) generic information about the importer; (b) the technical name and common name of the chemical; (c) the name of any chemical product that contains the chemical; (d) the name of the exporting country or countries; (e) the chemical’s intended use; (f) the total quantity of the chemical imported in any calendar year or part of any calendar year, specifying the quantity imported from each named exporting country; (g) any additional information specified in the relevant item in Schedule 1. Authorised Version F2020C00739 registered 19/08/2020 Providing information about certain active constituents and chemical products Part 2 Regulation 2.25 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 7 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 2.25 Prescribed information—manufacture (Act ss 69CA(2)(b) and 69CB(2)(b)) The following information about the manufacture in Australia of a prescribed chemical is prescribed for the purposes of paragraphs 69CA(2)(b) and 69CB(2)(b) of the Act: (a) generic information about the manufacturer; (b) the technical name and common name of the chemical; (c) the address of the place of manufacture; (d) the quantity manufactured in any calendar year or part of any calendar year; (e) the chemical’s intended use; (f) any additional information specified in the relevant item in Schedule 1. 2.30 Prescribed information—use (Act ss 69CA2)(b) or 69CB(2)(b)) Note: This regulation is reserved for information that may be prescribed for the purposes of paragraph 69CA(2)(b) or 69CB(2)(b) of the Act. 2.35 Prescribed information—other dealings (Act ss 69CA(2)(c) or 69CB(2)(c)) Note: This regulation is reserved for information that may be prescribed for the purposes of paragraph 69CA(2)(c) or 69CB(2)(c) of the Act. 2.40 Prescribed information—export (Act ss 69CA(2)(d) and 69CB(2)(d)) The following information about the export from Australia of a prescribed chemical is prescribed for the purposes of paragraphs 69CA(2)(d) and 69CB(2)(d) of the Act: (a) generic information about the exporter; (b) the technical name and common name of the chemical; (c) the name of importing country or countries; (d) the total quantity of the prescribed chemical exported in any calendar year or part of any calendar year, specifying the quantity exported to each named importing country; (e) any additional information specified in the relevant item in Schedule 1. 2.45 Prescribed period for giving prescribed information (Act ss 69CA(5) and 69CB(5)) (1) Subject to subregulation (2), for the purposes of subsections 69CA(5) and 69CB(5) of the Act, the period within which relevant prescribed information in respect of a prescribed chemical must be provided: (a) starts on the date when a notice setting out: (i) the obligation to provide information to the Department; and (ii) the address where the information must be sent; is published in the Gazette; and (b) ends 30 days after that date. Authorised Version F2020C00739 registered 19/08/2020 Part 2 Providing information about certain active constituents and chemical products Regulation 2.45 8 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 (2) For the purposes of subsections 69CA(5) and 69CB(5) of the Act, the following prescribed information must be given to the Department by an importer, exporter or manufacturer on or before 28 February following the calendar year to which it relates: (a) the total quantity of the prescribed chemical imported in a calendar year, specifying the quantity imported from each named exporting country; (b) the total quantity of the prescribed chemical exported in a calendar year, specifying the quantity exported to each named importing country; (c) the total quantity of the prescribed chemical manufactured in a calendar year; (d) generic information about the importer, exporter or manufacturer. Authorised Version F2020C00739 registered 19/08/2020 Prohibition on import, manufacture etc of certain active constituents and chemical products Part 3 General Division 3.1 Regulation 3.05 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 9 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Part 3—Prohibition on import, manufacture etc of certain active constituents and chemical products Division 3.1—General 3.05 Prescribed international agreements (Act, s 69C) Each of the following is a prescribed international agreement for the purposes of section 69C of the Act: (a) the Rotterdam Convention; (b) the Stockholm Convention. 3.10 Effect of grant of permissions or multiple permits The grant of a permission or multiple permit under this Part does not excuse the holder from compliance with other requirements in the Act, in these Regulations and in other Commonwealth, State or Territory legislation relating to the controlled chemical to which the permission or permit relates. 3.15 Notice to be given if additional information required (1) An authorised officer or the Minister may, by written notice, require an applicant to give additional information in relation to the applicant’s application. (2) The notice must include a statement to the effect that: (a) the application will not be considered further until the applicant gives to the authorised officer or Minister the information; and (b) the application will be taken to have been withdrawn if the applicant does not give the information within 28 days after the day on which the notice is received by the applicant or within such further period as the authorised officer or Minister allows in writing. (3) If an applicant does not give the additional information within the required period, the application is taken to have been withdrawn. (4) In this regulation: applicant means: (a) an applicant for a permission or multiple permit under this Part; or (b) an applicant for reconsideration under regulation 3.510. 3.20 Matters that may be considered when making decision In making a decision whether to grant an application for a permission or multiple permit under this Part, the authorised officer may take into consideration: (a) whether the applicant has previously been granted a permission or permit of that kind; and Authorised Version F2020C00739 registered 19/08/2020 Part 3 Prohibition on import, manufacture etc of certain active constituents and chemical products Division 3.1 General Regulation 3.20 10 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 (b) whether the applicant complied with any conditions or restrictions specified in the permission or permit; and (c) whether the applicant has failed to comply with any of the following: (i) the Act; (ii) these Regulations; (iii) the Agricultural and Veterinary Chemicals Act 1994; (iv) the Agricultural and Veterinary Chemicals Code Act 1994; (v) any Act relating to the collection of a levy on agricultural and veterinary chemical products; (vi) the Industrial Chemicals (Notification and Assessment) Act 1989; (vii) regulations under any Act mentioned or referred to in subparagraphs (iii) to (vi). Authorised Version F2020C00739 registered 19/08/2020 Prohibition on import, manufacture etc of certain active constituents and chemical products Part 3 Import Division 3.2 Regulation 3.45 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 11 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Division 3.2—Import Subdivision 3.2.1—Absolute prohibition 3.45 Prohibited importation (1) The importation into Australia of a controlled chemical is prohibited if the relevant item in Schedule 1 states that its importation is prohibited in all cases. (2) For the purposes of subsection 69C(1) of the Act, the condition that a person must not import a chemical in contravention of subregulation (1) is prescribed. Subdivision 3.2.2—Prohibition subject to conditions 3.50 Chemicals to which this Subdivision applies (1) This Subdivision applies to a controlled chemical if the relevant item in Schedule 1 states that its importation is prohibited except with written permission. (2) In this Subdivision, a controlled chemical to which this Subdivision applies is called an import-prohibited chemical. 3.55 Prohibition (1) The importation into Australia of an import-prohibited chemical is prohibited unless: (a) an authorised officer or the Minister has given permission in writing to import the chemical; and (b) the permission is produced to a Collector; and (c) any condition or restriction specified in the relevant item in Schedule 1 is satisfied. Note 1: The permission to import required under this regulation must be produced to a Collector for the purposes of complying with regulation 5I of the Customs (Prohibited Imports) Regulations 1956 in relation to the importation of chemicals under those Regulations that are active constituents or chemical products. Note 2: A multiple entry import permit is a permission for purposes of this regulation (see subregulation 3.310(2)). (2) For the purposes of subsection 69C(1) of the Act, the following conditions or restrictions are prescribed for each such chemical: (a) a person must not import the chemical: (i) without the written permission of an authorised officer or the Minister; or (ii) contrary to a condition or restriction specified in the permission; (b) a person who imports the chemical must not fail to produce the permission if asked to do so by a Collector; (c) any condition or restriction set out in the relevant item in Schedule 1. Authorised Version F2020C00739 registered 19/08/2020 Part 3 Prohibition on import, manufacture etc of certain active constituents and chemical products Division 3.2 Import Regulation 3.60 12 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Note: A person who imports such a chemical in contravention of a prescribed condition or restriction may be punished by a fine of up to 300 penalty units (see subsection 69C(5) of the Act). (3) This regulation applies despite: (a) the APVMA’s written consent to import referred to in subsection 69B(1B) of the Act; and (b) any approval to import under any other legislation. 3.60 Applications for permission to import import-prohibited chemicals (1) A person may apply to the Department for permission to import an import-prohibited chemical. (2) An application must be in the approved form and must include the following information: (a) generic information about the applicant; (b) the technical name, common name and CAS number (if known) of the chemical; (c) the quantity to be imported; (d) the name of the exporting country; (e) the intended use in Australia. Note 1: The applicant may be required to give additional information (see regulation 3.15). Note 2: An authorised officer must give written notice of his or her decision on the application (see regulation 3.505). 3.65 When permission may be granted (1) An authorised officer may grant an application for permission to import an import-prohibited chemical if the officer is satisfied that: (a) in the case of a chemical whose importation is stated in an item in Schedule 1 to be prohibited except with written permission under paragraph 3.65(1)(a)—the chemical is being imported for the purpose of environmentally sound disposal in accordance with paragraph (1)(d) of Article 6 of the Stockholm Convention; or (b) in any other case—the chemical is being imported for a use or purpose that is permitted under the relevant Convention. Note: In deciding whether to grant the application, the officer may take into consideration the matters mentioned in regulation 3.20. (2) If the officer is not satisfied as to the matters mentioned in subregulation (1), the officer must refuse to grant the application. (3) To avoid doubt, an authorised officer may refuse to grant an application despite the fact that the applicant has the APVMA’s written consent, referred to in subsection 69B(1B) of the Act, to import the import-prohibited chemical. Authorised Version F2020C00739 registered 19/08/2020 Prohibition on import, manufacture etc of certain active constituents and chemical products Part 3 Manufacture Division 3.3 Regulation 3.100 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 13 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Division 3.3—Manufacture Subdivision 3.3.1—Absolute prohibition 3.100 Prohibited manufacture (1) The manufacture in Australia of a controlled chemical is prohibited if the relevant item in Schedule 1 states that its manufacture is prohibited in all cases. (2) For the purposes of subsection 69C(1) of the Act, the condition that a person must not manufacture a chemical in contravention of subregulation (1) is prescribed. Subdivision 3.3.2—Prohibition subject to conditions 3.105 Chemicals to which this Subdivision applies (1) This Subdivision applies to a controlled chemical if the relevant item in Schedule 1 states that its manufacture is: (a) prohibited except with written permission; or (b) prohibited except if specified conditions are met. (2) In this Subdivision, a controlled chemical to which this Subdivision applies is called a manufacture-prohibited chemical. 3.110 Prohibition (1) The manufacture in Australia of a manufacture-prohibited chemical is prohibited unless: (a) an authorised officer or the Minister has given permission in writing to manufacture the chemical (if such permission is required); and (b) any condition or restriction specified in the relevant item in Schedule 1 is satisfied. (2) For the purposes of subsection 69C(1) of the Act, the following conditions or restrictions are prescribed for each such chemical: (a) a person must not manufacture the chemical: (i) without the written permission of an authorised officer or the Minister (if such permission is required); or (ii) contrary to a condition or restriction specified in the permission; (b) a person who manufactures the chemical must not fail to produce any required permission if asked to do so by: (i) an authorised officer; or (ii) an officer of another Agency, or an officer or employee of a State or Territory government, authorised in writing by the Secretary for the purposes of this paragraph; (c) any condition or restriction specified in the relevant item in Schedule 1. Authorised Version F2020C00739 registered 19/08/2020 Part 3 Prohibition on import, manufacture etc of certain active constituents and chemical products Division 3.3 Manufacture Regulation 3.115 14 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Note: A person who manufactures such a chemical in contravention of a prescribed condition or restriction may be punished by a fine of up to 300 penalty units (see subsection 69C(5) of the Act). (3) This regulation applies despite any approval to manufacture under any other legislation. 3.115 Applications for permission to manufacture manufacture-prohibited chemicals (1) A person may apply to the Department for permission to manufacture a manufacture-prohibited chemical. (2) An application must be in the approved form and must include the following information: (a) generic information about the applicant; (b) the technical name, common name and CAS number (if known) of the chemical; (c) the quantity to be manufactured. Note 1: The applicant may be required to give additional information (see regulation 3.15). Note 2: An authorised officer must give written notice of his or her decision on the application (see regulation 3.505). 3.120 When permission may be granted (1) An authorised officer may grant an application for permission to manufacture a manufacture-prohibited chemical if: (a) the manufacture of the chemical is stated in an item in Schedule 1 to be prohibited except with written permission under subregulation 3.120(1); and (b) the officer is satisfied that there is in effect for Australia a production-specific exemption for the chemical under Article 4 of the Stockholm Convention. (2) An authorised officer may grant an application for permission to manufacture a manufacture-prohibited chemical if: (a) the manufacture of the chemical is stated in an item in Schedule 1 to be prohibited except with written permission under subregulation 3.120(2); and (b) the officer is satisfied that, in accordance with paragraph 9 of Article 10 of the Rotterdam Convention, the chemical to be manufactured is to be exported and not used in Australia. (3) An authorised officer may grant an application for permission to manufacture a manufacture-prohibited chemical if: (a) neither subregulation (1) nor (2) applies; and (b) the chemical is to be manufactured for a use or purpose that is permitted under the relevant Convention. Authorised Version F2020C00739 registered 19/08/2020 Prohibition on import, manufacture etc of certain active constituents and chemical products Part 3 Manufacture Division 3.3 Regulation 3.120 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 15 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Note: In deciding whether to grant the application, the officer may take into consideration the matters mentioned in regulation 3.20. (4) If the officer is not satisfied as to the matters mentioned in subregulation (1), (2) or (3), the officer must refuse to grant the application. Authorised Version F2020C00739 registered 19/08/2020 Part 3 Prohibition on import, manufacture etc of certain active constituents and chemical products Division 3.4 Use Regulation 3.145 16 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Division 3.4—Use 3.145 Absolute prohibition (1) The use in Australia of a controlled chemical is prohibited if the relevant item in Schedule 1 states that its use is prohibited in all cases. (2) For the purposes of subsection 69C(1) of the Act, the condition that a person must not use a chemical in contravention of subregulation (1) is prescribed. 3.150 Prohibition subject to conditions (1) This regulation applies to a controlled chemical if: (a) the relevant item in Schedule 1 identifies the relevant international agreement or arrangement as the Stockholm Convention; and (b) that item states that use is prohibited unless paragraphs 3.150(2)(a) to (d) are complied with. (2) The use in Australia of a controlled chemical to which this regulation applies is prohibited unless: (a) the chemical is an approved active constituent or a registered chemical product; and (b) the use is in accordance with the instructions for its use that the APVMA has approved; and (c) the use is in accordance with a use-specific exemption that is in effect for Australia under Article 4 of the Stockholm Convention; and (d) the use is permitted under the law of the State or Territory in which the chemical is to be used. Authorised Version F2020C00739 registered 19/08/2020 Prohibition on import, manufacture etc of certain active constituents and chemical products Part 3 Dealing with chemicals Division 3.5 Regulation 3.175 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 17 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Division 3.5—Dealing with chemicals Subdivision 3.5.1—Absolute prohibition 3.175 Prohibited dealing (1) Any dealing (other than importation, manufacture, use or exportation) in Australia of a controlled chemical is prohibited if the relevant item in Schedule 1 states that dealing in the chemical is prohibited in all cases. (2) For the purposes of subsection 69C(1) of the Act, the condition that a person must not deal in a chemical in contravention of subregulation (1) is prescribed. Subdivision 3.5.2—Prohibition subject to conditions 3.180 Chemicals to which this Subdivision applies (1) This Subdivision applies to a controlled chemical if the relevant item in Schedule 1 states that Subdivision 3.5.2 applies to it. (2) In this Subdivision, a controlled chemical to which this Subdivision applies is called a dealing-prohibited chemical. 3.185 Prohibition (1) Any dealing (other than importation, manufacture, use or exportation) of a dealing-prohibited chemical in Australia is prohibited unless an authorised officer or the Minister has given permission in writing to deal with the chemical in the relevant way. (2) For the purposes of subsection 69C(1) of the Act, the following conditions or restrictions are prescribed for each such chemical: (a) a person must not deal with the chemical: (i) without the written permission of an authorised officer or the Minister; or (ii) contrary to a condition or restriction specified in the permission; (b) a person who deals with the chemical must not fail to produce the permission if asked to do so by: (i) an authorised officer; or (ii) an officer of another Agency, or an officer or employee of a State or Territory government, authorised in writing by the Secretary for the purposes of this paragraph; (c) any condition or restriction specified in the relevant item in Schedule 1. Note: A person who deals with such a chemical in contravention of a prescribed condition or restriction may be punished by a fine of up to 300 penalty units (see subsection 69C(5) of the Act). Authorised Version F2020C00739 registered 19/08/2020 Part 3 Prohibition on import, manufacture etc of certain active constituents and chemical products Division 3.5 Dealing with chemicals Regulation 3.190 18 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 (3) This regulation applies despite any approval to deal with the chemical under any other legislation. 3.190 Applications for permission to deal with dealing-prohibited chemicals (1) A person may apply to the Department for permission to deal with a dealing-prohibited chemical. (2) An application to deal with a dealing-prohibited chemical must be in the approved form and must include the following information: (a) generic information about the applicant; (b) the technical name, common name and CAS number (if known) of the chemical; (c) information that the applicant considers supports the application. Note 1: The applicant may be required to give additional information (see regulation 3.15). Note 2: An authorised officer must give written notice of his or her decision on the application (see regulation 3.505). 3.195 When permission may be granted (1) An authorised officer may grant an application for permission to deal with a dealing-prohibited chemical if the officer is satisfied that the dealing is in accordance with Australia’s obligations under the relevant international agreement or arrangement. Note: In deciding whether to grant the application, the officer may take into consideration the matters mentioned in regulation 3.20. (2) If the officer is not satisfied as to the matter mentioned in subregulation (1), the officer must refuse to grant the application. Authorised Version F2020C00739 registered 19/08/2020 Prohibition on import, manufacture etc of certain active constituents and chemical products Part 3 Export Division 3.6 Regulation 3.200 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 19 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Division 3.6—Export Subdivision 3.6.1—Absolute prohibition 3.200 Prohibited export (1) The export from Australia of a controlled chemical is prohibited if the relevant item in Schedule 1 states that its export is prohibited in all cases. (2) For the purposes of subsection 69C(1) of the Act, the condition that a person must not export a chemical in contravention of subregulation (1) is prescribed. Subdivision 3.6.2—Prohibition subject to conditions 3.205 Chemicals to which this Subdivision applies (1) This Subdivision applies to a controlled chemical if the relevant item in Schedule 1 states that its export is prohibited except with written permission. (2) In this Subdivision, a controlled chemical to which this Subdivision applies is called an export-prohibited chemical. 3.210 Prohibition (1) The export from Australia of an export-prohibited chemical is prohibited unless: (a) an authorised officer or the Minister has given permission in writing to export the chemical; and (b) the permission is produced to a Collector; and (c) any condition or restriction specified in the relevant item in Schedule 1 is satisfied. Note 1: The permission to export required under this regulation must be produced to a Collector for the purposes of complying with regulation 4A of the Customs (Prohibited Exports) Regulations 1958 in relation to the exportation of chemicals under those Regulations that are active constituents or chemical products. Note 2: A multiple exit export permit is a permission for the purposes of this regulation (see subregulation 3.310(3)). (2) For the purposes of subsection 69C(1) of the Act, the following conditions or restrictions are prescribed for each such chemical: (a) a person must not export the chemical: (i) without the written permission of an authorised officer or the Minister; or (ii) contrary to a condition or restriction specified in the permission; (b) a person who exports the chemical must not fail to produce the permission if asked to do so by a Collector; (c) any condition or restriction set out in the relevant item in Schedule 1. Authorised Version F2020C00739 registered 19/08/2020 Part 3 Prohibition on import, manufacture etc of certain active constituents and chemical products Division 3.6 Export Regulation 3.215 20 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Note: A person who exports such a chemical in contravention of a prescribed condition or restriction may be punished by a fine of up to 300 penalty units (see subsection 69C(5) of the Act). (3) This regulation applies despite: (a) the APVMA’s certificate setting out its findings (if any) in relation to the export of a chemical product under section 69D of the Act; and (b) any approval to export under any other legislation. 3.215 Applications for permission to export export-prohibited chemicals (1) A person may apply to the Department for permission to export an export-prohibited chemical. (2) An application must be in the approved form and must include the following information: (a) generic information about the applicant; (b) the technical name, common name and CAS number (if known) of the chemical; (c) the quantity to be exported; (d) the name of the importing country; (e) the name of any transit country (if known); (f) the intended use in the importing country. Note 1: The applicant may be required to give additional information (see regulation 3.15). Note 2: An authorised officer must give written notice of his or her decision on the application (see regulation 3.505). 3.220 Additional information required for certain exports (1) This regulation applies to an export-prohibited chemical if the relevant item in Schedule 1 states that the chemical is subject to a notification of final regulatory action by Australia under Article 5 of the Rotterdam Convention. (2) An application for permission to export a chemical to which this regulation applies must, in addition to the information required under regulation 3.215, include the following information: (a) expected date of export; (b) category (pesticide or industrial use) under which the chemical is being exported; (c) the name and address of the importer; (d) precautionary measures to reduce exposure to, and emission of, the chemical; (e) in the case of a mixture or preparation, the concentration of the prescribed active constituent or constituents. Note The above information forms part of the export notification required under Article 12 of the Rotterdam Convention. Authorised Version F2020C00739 registered 19/08/2020 Prohibition on import, manufacture etc of certain active constituents and chemical products Part 3 Export Division 3.6 Regulation 3.225 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 21 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 3.225 When permission must be granted An authorised officer must grant an application for permission to export an export-prohibited chemical if: (a) the relevant item in Schedule 1 identifies the relevant international agreement or arrangement as the Rotterdam Convention; and (b) the export is to a non-party to that Convention. 3.230 When permission may be granted (1) An authorised officer may grant an application for permission to export an export-prohibited chemical whose export is stated in an item in Schedule 1 to be prohibited except with written permission under paragraph 3.230(1)(a), (b) or (c) if the officer is satisfied that the export is: (a) for the purpose of environmentally sound disposal in accordance with paragraph (1)(d) of Article 6 of the Stockholm Convention; or (b) to a party that is permitted to use the chemical under Annex A or B of the Stockholm Convention; or (c) to a State not Party to the Stockholm Convention (within the meaning of paragraph 2 of Article 3 of that Convention) that has provided an annual certification to Australia in accordance with that paragraph. Note 1: The export of an active constituent or chemical product for the purpose of environmentally sound disposal must also comply with the Hazardous Waste (Regulation of Exports and Imports) Act 1989 and any regulations made under that Act. Note 2: Under paragraph 2(b)(iii) of Article 3 of the Stockholm Convention, the annual certification of a non-party must: (a) specify the intended use of the chemical; and (b) include a statement that, with respect to that chemical, the importing State is committed to: (i) protect human health and the environment by taking the necessary measures to minimize or prevent releases; (ii) comply with the provisions of paragraph 1 of Article 6; and (iii) comply, where appropriate, with the provisions of paragraph 2 of Part II of Annex B; and (c) include any appropriate supporting documentation, such as legislation, regulatory instruments, or administrative or policy guidelines. Note 3: Paragraph 2(d) of Article 3 of the Stockholm Convention states: ‘For the purposes of this paragraph, the term “State not Party to this Convention” shall include with respect to a particular chemical, a State or regional economic integration organization that has not agreed to be bound by the Convention with respect to that chemical.’. (2) An authorised officer may grant an application for permission to export an export-prohibited chemical if: (a) the relevant item in Schedule 1 identifies the relevant international agreement or arrangement as the Rotterdam Convention; and (b) the export is to a party to that Convention; and (c) the officer is satisfied that the export complies with the requirements of that Convention. Authorised Version F2020C00739 registered 19/08/2020 Part 3 Prohibition on import, manufacture etc of certain active constituents and chemical products Division 3.6 Export Regulation 3.235 22 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 (3) An authorised officer may grant an application for permission to export an export-prohibited chemical if: (a) neither subregulation (1) nor (2) applies; and (b) the chemical is being exported for a use or purpose in the importing country that is permitted under the relevant Convention. Note: In deciding whether to grant the application, the officer may take into consideration the matters mentioned in regulation 3.20. (4) To avoid doubt, an authorised officer may refuse to grant an application despite the fact that the APVMA has given a certificate setting out its findings (if any) in relation to the export of the chemical product under section 69D of the Act. 3.235 Required conditions (1) This regulation applies to the export of an export-prohibited chemical if: (a) the relevant item in Schedule 1 identifies the relevant international agreement or arrangement as the Rotterdam Convention; and (b) the export is to a party to that Convention. (2) It is a condition of a permission for the export that the exporter will: (a) include the Harmonized System customs code for the chemical (if assigned) on shipping documentation; and (b) ensure that the labelling of the chemical complies with relevant international standards (including standards requiring information regarding risks and hazards to human health and the environment); and (c) if the chemical is to be used for occupational purposes, give to the importer a safety data sheet that: (i) is in accordance with an internationally recognised format; and (ii) sets out up-to-date information; and (iii) if practicable, is in one of the official languages of the country to which the chemical is to be exported; and (d) give to the Department, on or before 28 February following each calendar year, a statement of the total quantity of the chemical exported in the calendar year, naming each importing country and specifying how much of the chemical was exported to each importing country. 3.240 Deciding application for permission to export when import decision available (1) This regulation applies to the export of an export-prohibited chemical if the relevant item in Schedule 1 identifies the relevant international agreement or arrangement as the Rotterdam Convention. (2) In making a decision whether to grant an application for permission to export the chemical to a party to the Convention, an authorised officer must take into consideration: (a) any import decision notified to the Secretariat by the party; and Authorised Version F2020C00739 registered 19/08/2020 Prohibition on import, manufacture etc of certain active constituents and chemical products Part 3 Export Division 3.6 Regulation 3.245 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 23 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 (b) if the chemical is described in the relevant item in Schedule 1 as a severely hazardous pesticide formulation, any applicable condition or restriction specified in that item; and (c) whether the applicant has provided any additional information required under regulation 3.220. Note: Under Article 10 of the Convention, the Secretariat must, every 6 months, inform all parties of the import responses it has received. It does so by way of a six-monthly information circular. 3.245 Deciding application for permission to export when import decision not known (1) This regulation applies to the export of an export-prohibited chemical if: (a) the relevant item in Schedule 1 identifies the relevant international agreement or arrangement as the Rotterdam Convention; and (b) the export is to a party to that Convention; and (c) the party’s import decision is not known. (2) An authorised officer must not grant an application for permission to export the chemical, unless he or she is satisfied that the export will not be in breach of Australia’s obligations under Article 11 of the Rotterdam Convention. Note: The import decision of a party may not be known because: (a) the party failed to transmit to the Secretariat its decision; or (b) the party transmitted an import response stating that a final import decision is under consideration or requesting more information or assistance in making its decision (see paragraph 4 (b) of Article 10 of the Rotterdam Convention). 3.250 When permission must be refused (1) An authorised officer must refuse to grant an application for permission to export an export-prohibited chemical if the officer is not satisfied as to the matters mentioned in subregulation 3.230(1). (2) An authorised officer must refuse an application for permission to export an export-prohibited chemical if: (a) the relevant item in Schedule 1 identifies the relevant international agreement or arrangement as the Rotterdam Convention; and (b) the export is to a party to that Convention; and (c) any of the following applies: (i) the officer is not satisfied that the export complies with the Rotterdam Convention; (ii) the party has notified to the Secretariat an import decision not to consent to the import; (iii) the party has notified to the Secretariat an import decision to consent to the import only subject to specified conditions and the authorised officer is not satisfied that those conditions have been met or will be met. Note: A list of the parties to the Rotterdam Convention is available at http://www.pic.int. Authorised Version F2020C00739 registered 19/08/2020 Part 3 Prohibition on import, manufacture etc of certain active constituents and chemical products Division 3.6 Export Regulation 3.250 24 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 (3) An authorised officer must refuse to grant an application for permission to export an export-prohibited chemical if: (a) neither subregulation (1) nor (2) applies; and (b) the chemical is being exported for a use or purpose in the importing country that is not permitted under the relevant Convention. Authorised Version F2020C00739 registered 19/08/2020 Prohibition on import, manufacture etc of certain active constituents and chemical products Part 3 Multiple entry import and multiple exit export permits Division 3.7 Regulation 3.305 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 25 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Division 3.7—Multiple entry import and multiple exit export permits 3.305 Definitions In this Division: import-prohibited chemical means a controlled chemical to which Subdivision 3.2.2 applies. export-prohibited chemical means a controlled chemical to which Subdivision 3.6.2 applies. 3.310 Purpose (1) The purpose of this Division is to allow persons who from time to time import import-prohibited chemicals, or export export-prohibited chemicals, to apply for a permission to import (multiple entry import permit) or export (multiple exit export permit) those chemicals over a period of time, instead of having to apply for a permission for each import or export. (2) A multiple entry import permit is a permission for the purposes of regulation 3.55. (3) A multiple exit export permit is a permission for the purposes of regulation 3.210. 3.315 Fit and proper person (1) For the purposes of regulation 3.340, an authorised officer must have regard to the following matters in determining whether a person is a fit and proper person: (a) any conviction of the applicant for an offence against the Act or these Regulations; (b) if the applicant is an individual: (i) any conviction of the applicant for an offence under a law of the Commonwealth, of a State or of a Territory that is punishable by imprisonment for a period of one year or longer; and (ii) whether the applicant is bankrupt; (c) if the applicant is a corporation: (i) any conviction of the applicant for an offence under a law of the Commonwealth, of a State or of a Territory that is punishable by a fine of 50 penalty units or more, being an offence committed at a time when a person who is a director, officer or shareholder of the company was a director, officer or shareholder of the company; and (ii) whether the applicant is a Chapter 5 body corporate (within the meaning of the Corporations Act 2001); (d) whether the applicant has previously held a multiple permit or a permission under this Part; Authorised Version F2020C00739 registered 19/08/2020 Part 3 Prohibition on import, manufacture etc of certain active constituents and chemical products Division 3.7 Multiple entry import and multiple exit export permits Regulation 3.320 26 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 (e) whether the applicant complied with any conditions or restrictions specified in the permit or permission. (2) To avoid doubt, the matters mentioned in subregulation (1) are in addition to: (a) any matters that an authorised officer is required to take into consideration under a provision of this Division; and (b) any other matters that are relevant. 3.320 Multiple entry import permits Note: Regulation 3.320 is reserved. 3.325 When multiple entry import permits may be granted Note: Regulation 3.325 is reserved. 3.330 Multiple exit export permits (1) This regulation applies if: (a) the relevant item in Schedule 1 identifies the relevant international agreement or arrangement as the Rotterdam Convention; and (b) either: (i) the export is to a non-party to that Convention; or (ii) the chemical to be exported is a severely hazardous pesticide formulation that is of a form different from, or is of a concentration lower than, the relevant formulation given in Schedule 1. (2) A person may apply to the Department for a multiple exit export permit. (3) An application must be in the approved form and must include generic information about the applicant and the following information in respect of each export-prohibited chemical to be exported under the permit: (a) the technical name, common name and CAS number (if known) of each chemical; (b) the non-parties to which exports are to be made (if applicable); (c) the formulation to be exported (if applicable); (d) the quantity of chemical to be exported under the permit or, if that quantity is not known, an estimate of the quantity to be exported. 3.335 When multiple exit export permits may be granted—general (1) An authorised officer may grant an application for a multiple exit export permit if the officer is satisfied that the exports to be made under the permit comply with the requirements of the Rotterdam Convention. Note: In deciding whether to grant the application, the officer may take into consideration the matters mentioned in regulation 3.20. (2) An authorised officer must refuse to grant an application if: Authorised Version F2020C00739 registered 19/08/2020 Prohibition on import, manufacture etc of certain active constituents and chemical products Part 3 Multiple entry import and multiple exit export permits Division 3.7 Regulation 3.340 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 27 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 (a) the officer is not satisfied as to the matter mentioned in subregulation (1); or (b) the applicant has at any time failed to comply with any condition or restriction specified in a permission or permit. 3.340 Grant of multiple exit export permits in special circumstances Despite any thing else in this Division, an authorised officer may grant a multiple exit export permit to a person if the authorised officer is satisfied that: (a) the relevant items in Schedule 1 for the export-prohibited chemicals to be exported under the permit identify the relevant international agreement or arrangement as the Rotterdam Convention; and (b) the person has, over an aggregate period of at least 1 year, exported export-prohibited chemicals; and (c) the person has complied with the requirements of the Act and these Regulations in relation to those exports; and (d) the person is a fit and proper person. Note: In deciding whether to grant the permit, the officer may take into consideration the matters mentioned in regulation 3.20. 3.345 Annual reports (1) The holder of a multiple permit must give to the Department an annual report about imports or exports made under the permit. (2) The report: (a) must state the name of the holder, the identification number and date of issue, of the permit; and (b) must include the following information in respect of the chemicals imported or exported under the permit: (i) the technical name and common name of the chemical; (ii) the name of the exporting or importing countries; (iii) the date of each import or export; (iv) the name of any transit country (if known); (v) any additional information required as a condition or restriction specified on the permit; (vi) the quantity of each kind of chemical imported from or exported to each named exporting or importing country; and (c) must be signed by the holder of the permit; and (d) must be given on or before 28 February of each year. 3.350 Period of validity and renewal of permit (1) A multiple permit is valid until the end of 31 March next occurring after the permit is granted. Authorised Version F2020C00739 registered 19/08/2020 Part 3 Prohibition on import, manufacture etc of certain active constituents and chemical products Division 3.7 Multiple entry import and multiple exit export permits Regulation 3.350 28 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 (2) An application for renewal of a permit may be made in writing by the holder of the permit not more than 60 days before the day on which the permit ceases to be valid under subregulation (1). (3) An authorised officer may grant an application for renewal if the authorised officer is satisfied that: (a) the holder has not imported or exported a chemical in contravention of the permit; and (b) the holder has complied with any conditions or restrictions specified in the permit; and (c) the holder continues to be a fit and proper person (if applicable); and (d) the holder has complied with the annual reporting requirements under regulation 3.345. Authorised Version F2020C00739 registered 19/08/2020 Prohibition on import, manufacture etc of certain active constituents and chemical products Part 3 Conditions or restrictions of permissions or multiple permits Division 3.8 Regulation 3.405 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 29 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Division 3.8—Conditions or restrictions of permissions or multiple permits 3.405 Conditions A permission or multiple permit granted under this Part may specify conditions or restrictions to be complied with by the holder and may, in respect of any such condition or restriction, specify a time (being a time before or after the act permitted) at or before which the holder must comply with the condition or restriction. 3.410 Revocation etc of permission or multiple permits (1) An authorised officer may revoke, vary or suspend a permission or multiple permit granted under this Part. (2) The authorised officer must give to the holder of a permission or permit written notice of the revocation, variation or suspension of the permission or permit within 10 days after doing so. (3) The notice must include: (a) a brief statement of the reasons for the revocation, variation or suspension; and (b) a statement that the applicant may apply to the Minister for reconsideration of the decision. (4) A failure to comply with subregulation (2) or (3) does not affect the validity of the revocation, variation or suspension. Authorised Version F2020C00739 registered 19/08/2020 Part 3 Prohibition on import, manufacture etc of certain active constituents and chemical products Division 3.9 Review of decisions Regulation 3.505 30 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Division 3.9—Review of decisions 3.505 Notice of authorised officer’s decision (1) An authorised officer must give, to an applicant for a permission or multiple permit under this Part, written notice of the officer’s decision on the application within 10 days after making the decision. (2) A notice of a decision to refuse to grant a permission or permit must include: (a) a brief statement of the reasons for the refusal; and (b) a statement that the applicant may apply to the Minister for reconsideration of the decision. (3) A failure to comply with subregulation (1) or (2) in relation to a decision does not affect the validity of the decision. 3.510 Reconsideration of decisions by Minister (1) An application for reconsideration of the following decisions may be made to the Minister by the applicant for, or the holder of, a permission or multiple permit: (a) an authorised officer’s decision to refuse to grant a permission or permit; (b) an authorised officer’s decision to revoke, vary or suspend a permission or permit. (2) The application must be made in writing within 15 days after the applicant receives notice of the decision. (3) The Minister may: (a) grant or refuse to grant a permission or permit; or (b) vary or affirm a decision to revoke, vary or suspend a permission or permit; or (c) set aside, and substitute his or her decision for, a decision to revoke, vary or suspend a permission or permit. 3.515 Notice of Minister’s decision (1) The Minister must give, to a person who applies for reconsideration of a decision, written notice of the Minister’s decision on the person’s application within 10 days after making the decision. (2) The notice must include a statement that the person may apply to the Administrative Appeals Tribunal for a review of the decision. (3) A failure to comply with subregulation (1) or (2) in relation to a decision does not affect the validity of the decision. Authorised Version F2020C00739 registered 19/08/2020 Prohibition on import, manufacture etc of certain active constituents and chemical products Part 3 Review of decisions Division 3.9 Regulation 3.520 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 31 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 3.520 Review of decisions by AAT An application may be made to the Administrative Appeals Tribunal for a review of the Minister’s decision on an application for reconsideration under this Division. 3.550 Export of chemical products—fees for certificates (1) Subject to subregulation (2), the following fees are prescribed for subsection 69D(1) of the Act: (a) $125 as the standard fee for a certificate; (b) if the certificate requires technical or scientific assessment to be undertaken by the APVMA, a further $105 for the assessment. (2) No fee is payable for a certificate (the subsequent certificate) if an applicant applies for the subsequent certificate on the same day when the applicant applied for another certificate (the original certificate), and the original and subsequent certificates are: (a) the same in all respects; or (b) the same in all respects except for one or more of the following: (i) the addressee of the certificate; (ii) the country to which the chemical product is to be exported; (iii) the authority of the country to which the chemical product is to be exported. (3) For the purposes of subsection 69D(1) of the Act, a fee is prescribed if the applicant requires the APVMA to request the performance, in relation to a certificate (whether original or subsequent), of a consular act for which a fee (the consular fee): (a) is imposed under the Consular Fees Act 1955; and (b) is payable by the APVMA. (4) The amount of the fee prescribed under subregulation (3) is an amount equal to the amount of the consular fee. Authorised Version F2020C00739 registered 19/08/2020 Part 3A Infringement notices Regulation 3A.01 32 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Part 3A—Infringement notices 3A.01 Infringement notices (1) For the definition of prescribed civil penalty provision in section 4 of the Act, each civil penalty provision mentioned in Schedule 5 is prescribed. (2) For subsection 69EKA(3) of the Act: (a) the amount (in penalty units) mentioned for an individual in an item of Schedule 5 is the amount that applies for an alleged contravention by the individual of the provision mentioned in the item in the circumstances (if any) mentioned in the item; and (b) the amount (in penalty units) mentioned for a corporation in an item of Schedule 5 is the amount that applies for an alleged contravention by the corporation of the provision mentioned in the item in the circumstances (if any) mentioned in the item. Authorised Version F2020C00739 registered 19/08/2020 Miscellaneous Part 4 Regulation 4.10 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 33 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Part 4—Miscellaneous 4.10 Annual returns—active constituents (1) For the purposes of paragraph 69E(2)(a) of the Act, active constituents that are not made into, or included in, chemical products are prescribed. (2) For the purposes of paragraph 69E(2)(b) of the Act, the prescribed quantity is as follows: (a) for active constituents for proposed or existing veterinary chemical products or active constituents included in veterinary chemical products— 3kg; (b) for active constituents for proposed or existing agricultural chemical products or active constituents included in agricultural chemical products—10kg. 4.15 Method of securing samples (1) This regulation applies to an inspector who exercises: (a) the monitoring power mentioned in paragraph 69EAC(1)(g) of the Act to take and keep samples of any thing on any premises; or (b) the investigation power mentioned in paragraph 69EBA(1)(g) of the Act to take a sample and keep samples of any thing on any premises. (2) The inspector must ensure that: (a) the sample is contained and sealed in an appropriate vessel or package; and (b) the vessel or package is so marked as to clearly identify the sample; and (c) the vessel or package cannot be opened, or the identification of the sample removed, without breaking the seal; and (d) the sample is stored and transported in such a way that the composition of the sample is not altered. 4.20 Reconsideration participation review (1) The Minister must ensure that a review (a reconsideration participation review) is conducted in relation to strategies to encourage participation by industry in reconsiderations under Division 4 of Part 2 of the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994. Terms of reference (2) The terms of reference for the reconsideration participation review must include terms that require the following: (a) the identification of any problems with the chemical industry and user industries participating in reconsiderations under that Division, including: Authorised Version F2020C00739 registered 19/08/2020 Part 4 Miscellaneous Regulation 4.20 34 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 (i) any obstacles or disincentives to the provision of information to support ongoing registration of chemical products under that Division; and (ii) compensation for providers of information; (b) the identification of options for addressing any identified problems and for collaboratively generating information, including the following options: (i) the task force approach adopted by the United States Environmental Protection Agency; (ii) other relevant approaches used in comparable markets outside Australia; (iii) other options to reduce the need for the generation and provision of information; (c) an analysis of the costs and benefits of identified options for addressing problems, including an analysis of the impacts of the options on: (i) different sectors of the chemical industry and user industries; and (ii) the availability, and safe use, of chemical products; (d) the making of recommendations, relating to matters within the APVMA’s functions and powers, for preferred options to address any identified problems. Persons conducting review (3) At least one of the persons conducting the review must not be otherwise appointed, employed or engaged in an ongoing capacity by the Commonwealth. Use of external expertise (4) The persons conducting the review may draw on external expertise where necessary for the review. Public consultation (5) The review must involve the publication of a public consultation document in relation to the review that includes a request for submissions in relation to the review from members of the public. (6) Submissions received in relation to the review must be: (a) considered by the persons conducting the review; and (b) made public, unless the person making the submission has requested that the submission, or a part of the submission, be kept confidential. Time for completion of review (7) The review must be completed, and a written report of the review given to the Minister, no later than 30 June 2019. Authorised Version F2020C00739 registered 19/08/2020 Miscellaneous Part 4 Regulation 4.20 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 35 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Review report and response (8) The Minister must ensure that the report of the review is published on the Department’s website within 6 weeks of receiving the report. (9) The Minister must ensure that the Minister’s response to the report of the review is published on the Department’s website within 3 months of receiving the report. Authorised Version F2020C00739 registered 19/08/2020 Schedule 1 Chemicals Part 1 Reading this Schedule 36 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Schedule 1—Chemicals (regulation 1.3, definition of controlled chemical) Part 1—Reading this Schedule 1 Description of chemicals (1) Each chemical dealt with in Part 2 or 3 of this Schedule is described in a separate item in the form of a small table, as follows: (a) in Part 2, which covers chemicals defined in terms of a single active constituent (whether or not at a concentration above a specified concentration): (i) the heading is the common name of the active constituent; and (ii) the first row gives the active constituent’s IUPAC name; and (iii) the second row gives its CAS number; and (iv) if the chemical is a prescribed active constituent or prescribed chemical product for the purposes of subsection 69CA(2) of the Act, the third row states that fact; and (v) the fourth row identifies, for subsection 69CA(3) of the Act, the relevant international agreement or arrangement; and (vi) the fifth row sets out any conditions or restrictions applicable to the chemical; (b) in Part 3, which covers chemical products defined in terms of 2 or more active constituents (whether or not at concentrations above specified concentrations, and whether or not in a particular form): (i) the heading is or includes the common names of the active constituents in the chemical product, and may specify the concentration of 1 or more or them and a particular form; and (ii) the first row gives the names of each chemical (including their IUPAC names and CAS numbers) and their concentration in the chemical product, and, if the item applies only to a particular form of the chemical product, that form; and (iii) the second row identifies, for subsection 69CA(3) of the Act, the relevant international agreement or arrangement; and (iv) the third row sets out any conditions or restrictions applicable to the chemical product. Note: The international agreement or arrangement so identified is also the agreement or arrangement under which the import, manufacture etc of the formulation may be prohibited (absolutely or subject to prescribed conditions or restrictions) under Part 3. (2) There may be 1 or more additional rows in a particular item giving or requiring additional information, and any information so given, or any such requirement, is part of the item. Authorised Version F2020C00739 registered 19/08/2020 Chemicals Schedule 1 Reading this Schedule Part 1 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 37 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 2 References to controlled chemical in Regulations as applied to this Schedule To avoid doubt, a reference in these Regulations to a relevant item in this Schedule for a controlled chemical includes (consistently with the definition of controlled chemical) a chemical product that contains the active constituent dealt with in the item. Authorised Version F2020C00739 registered 19/08/2020 Schedule 1 Chemicals Part 2 Chemical products defined in terms of a single active constituent 38 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Part 2—Chemical products defined in terms of a single active constituent 1 2-(Acetoxymercuric)ethanol IUPAC name CAS number 4665-55-8 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 2 2,4,5-T and its salts and esters IUPAC name (2,4,5-trichlorophenoxy)acetic acid CAS number 93-76-5 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission Note: The CAS number refers to 2,4,5-T only. 2A Alachlor IUPAC name 2-chloro-2’, 6’-diethyl-N-methoxymethylacetanilide CAS number 15972-60-8 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 2AA Aldicarb IUPAC name 2-methyl-2-(methylthio)propionaldehyde-O-methylcarbamoyl-oxime CAS number 116-06-3 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Authorised Version F2020C00739 registered 19/08/2020 Chemicals Schedule 1 Chemical products defined in terms of a single active constituent Part 2 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 39 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Conditions or restrictions Export prohibited except with written permission 3 Aldrin (HHDN) IUPAC name (1R,4S,4aS,5S,8R,8aR)-1,2,3,4,10,10-hexachloro-1,4,4a,5,8,8a-hexahydro-1,4:5,8 dimethano-naphthalene CAS number 309-00-2 Prescribed active constituent/che mical product Prescribed active constituent for the purposes of subsection 69CA(2) of the Act Relevant international agreement or arrangement Stockholm Convention Conditions or restrictions Import prohibited except with written permission under paragraph 3.65(1)(a) Manufacture prohibited in all cases Use prohibited in all cases Export prohibited except with written permission under paragraph 3.230(1)(a), (b) or (c) 3AA Azinphos-methyl IUPAC name S-(3,4-dihydro-4-oxobenzo[d]-[1,2,3]-triazin-3-ylmethyl)-O,O-dimethyl phosphorodithioate CAS number 86-50-0 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 3A Binapacryl IUPAC name 2-sec-butyl-4,6-dinitrophenyl 3-methylcrotonate CAS number 485-31-4 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 4 Captafol Authorised Version F2020C00739 registered 19/08/2020 Schedule 1 Chemicals Part 2 Chemical products defined in terms of a single active constituent 40 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 IUPAC name N-(1,1,2,2-tetrachloroethylthio)cyclohex-4-ene-1,2-dicarboximide; or 3a,4,7,7a-tetrahydro-N-(1,1,2,2-tetrachloroethanesulfenyl)phthalimide CAS number 2425-06-1 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 4A Carbofuran IUPAC name 2,3-dihydro-2,2-dimethylbenzofuran-7-yl methylcarbamate CAS number 1563-66-2 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 5 Chlordane IUPAC name 1,2,4,5,6,7,8,8-octachloro-2,3,3a,4,7, 7a-hexahydro-4, 7-methanoindene CAS number 57-74-9 Prescribed active constituent/chemical product Prescribed active constituent for the purposes of subsection 69CA(2) of the Act Relevant international agreement or arrangement Stockholm Convention Conditions or restrictions Import prohibited except with written permission under paragraph 3.65(1)(a) Manufacture prohibited in all cases Use prohibited in all cases Export prohibited except with written permission under paragraph 3.230(1)(a), (b) or (c) 6 Chlordimeform IUPAC name N 2 (4-chloro-o-tolyl)-N 1 , N 1 dimethylformamidine CAS number 6164-98-3 Prescribed active constituent/chemical product No Authorised Version F2020C00739 registered 19/08/2020 Chemicals Schedule 1 Chemical products defined in terms of a single active constituent Part 2 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 41 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 7 Chlorobenzilate IUPAC name Ethyl 4,4’-dichlorobenzilate CAS number 510-15-6 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 8 Cyano(methylmercuric)guanidine IUPAC name 1-cyano-3-(methylmercurio)guanidine CAS number 502-39-6 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 9 DDT (pp’-DDT) IUPAC name 1,1,1-trichloro-2,2-bis (4-chlorophenyl) ethane CAS number 50-29-3 Prescribed active constituent/chemical product Prescribed active constituent for the purposes of subsection 69CA(2) of the Act Relevant international agreement or arrangement Stockholm Convention Conditions or restrictions Import prohibited except with written permission under paragraph 3.65(1)(a) Manufacture prohibited in all cases Use prohibited in all cases Export prohibited except with written permission under paragraph 3.230(1)(a), (b) or (c) 10 Dieldrin (HEOD) IUPAC name (1R,4S,4aS,5R,6R,7S,8S,8aR)-1,2,3,4,10,10-hexachloro-1,4,4a,5,6,7,8,8a-octahyd ro-6,7-epoxy-1,4:5, 8-dimethano-naphthalene CAS number 60-57-1 Prescribed active constituent/che Prescribed active constituent for the purposes of subsection 69CA(2) of the Act Authorised Version F2020C00739 registered 19/08/2020 Schedule 1 Chemicals Part 2 Chemical products defined in terms of a single active constituent 42 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 mical product Relevant international agreement or arrangement Stockholm Convention Conditions or restrictions Import prohibited except with written permission under paragraph 3.65(1)(a) Manufacture prohibited in all cases Use prohibited in all cases Export prohibited except with written permission under paragraph 3.230(1)(a), (b) or (c) 10A Dinitro-ortho-cresol (DNOC) and its salts IUPAC name 4,6-dinitro-o-cresol CAS number 534-52-1 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission Note: The CAS number refers to DNOC only. 11 Dinoseb and its salts and esters IUPAC name 2-sec-butyl-4,6-dinitrophenol CAS number 88-85-7 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission Note: The CAS number refers to Dinoseb only. 11A Endosulfan IUPAC name (1,4,5,6,7,7-hexachloro-8,9,10-trinorborn-5-en-2,3-ylenebismethylene) sulfite CAS number 115-29-7 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission Authorised Version F2020C00739 registered 19/08/2020 Chemicals Schedule 1 Chemical products defined in terms of a single active constituent Part 2 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 43 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 13 Endrin IUPAC name (1R,4S,4aS,5S,6S,7R,8R,8aR)-1,2,3,4,10,10-hexachloro-1,4,4a,5,6,7,8, 8a octahydro-6,7-epoxy-1, 4:5,8-dimethano-naphthalene CAS number 72-20-8 Prescribed active constituent/chemical product Prescribed active constituent for the purposes of subsection 69CA(2) of the Act Relevant international agreement or arrangement Stockholm Convention Conditions or restrictions Import prohibited except with written permission under paragraph 3.65(1)(a) Manufacture prohibited in all cases Use prohibited in all cases Export prohibited except with written permission under paragraph 3.230(1)(a), (b) or (c) 14 Ethylene dibromide (EDB) IUPAC name 1,2-dibromoethane CAS number 106-93-4 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 14A Ethylene dichloride IUPAC name 1,2-dichloroethane CAS number 107-06-2 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 14B Ethylene oxide IUPAC name Oxirane CAS number 75-21-8 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission Authorised Version F2020C00739 registered 19/08/2020 Schedule 1 Chemicals Part 2 Chemical products defined in terms of a single active constituent 44 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 15 Fluoroacetamide IUPAC name 2-fluoroacetamide CAS number 640-19-7 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 16 HCH (mixed isomers) (BHC) (HCH) (except gamma isomer) IUPAC name 1,2,3,4,5,6-hexachlorocyclohexane CAS number 608-73-1 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 17 Heptachlor IUPAC name 1,4,5,6,7,8,8-heptachloro-3a,4,7, 7a-tetrahydro-4,7-methanoindene CAS number 76-44-8 Prescribed active constituent/chemical product Prescribed active constituent for the purposes of subsection 69CA(2) of the Act Relevant international agreement or arrangement Stockholm Convention Conditions or restrictions Import prohibited except with written permission under paragraph 3.65(1)(a) Manufacture prohibited in all cases Use prohibited in all cases Export prohibited except with written permission under paragraph 3.230(1)(a), (b) or (c) 18 Hexachlorobenzene (HCB) IUPAC name Hexachlorobenzene CAS number 118-74-1 Prescribed active constituent/chemical product Prescribed active constituent for the purposes of subsection 69CA(2) of the Act Relevant international agreement or arrangement Stockholm Convention Conditions or restrictions Import prohibited except with written permission under paragraph 3.65(1)(a) Authorised Version F2020C00739 registered 19/08/2020 Chemicals Schedule 1 Chemical products defined in terms of a single active constituent Part 2 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 45 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Manufacture prohibited in all cases Use prohibited in all cases Export prohibited except with written permission under paragraph 3.230(1)(a), (b) or (c) 19 Hydroxymercuri-o-nitrophenol IUPAC name CAS number 17140-73-7 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 20 Lindane (-BHC, -HCH) IUPAC name 1, 2 3, 4, 5, 6)-hexachlorocyclohexane CAS number 58-89-9 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 21 Mercuric acetate IUPAC name CAS number 1600-27-7 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 22 Mercuric chloride IUPAC name Mercury (II) chloride; mercury dichloride CAS number 7487-94-7 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 23 Mercuric oxide Authorised Version F2020C00739 registered 19/08/2020 Schedule 1 Chemicals Part 2 Chemical products defined in terms of a single active constituent 46 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 IUPAC name Mercury (II) oxide; mercury oxide CAS number 21908-53-2 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 24 Mercurous chloride IUPAC name Mercury (I) chloride; dimercury dichloride CAS number 7546-30-7 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 25 Mercury IUPAC name CAS number 7439-97-6 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 26 Mercury naphthenate IUPAC name CAS number 1336-96-5 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission Authorised Version F2020C00739 registered 19/08/2020 Chemicals Schedule 1 Chemical products defined in terms of a single active constituent Part 2 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 47 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 27 Mercury oleate IUPAC name CAS number 1191-80-6 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 28 Mercury pentanedione IUPAC name CAS number 14024-55-6 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 29 Mercury phenate IUPAC name CAS number 588-66-9 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 30 Methamidophos IUPAC name O,S-dimethyl phosphoramidothioate CAS number 10265-92-6 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 31 Methazole IUPAC name 2-(3,4-dichlorophenyl)-4-methyl-1,2,4-oxadiazolidine-3,5-dione CAS number 20354-26-1 Prescribed active constituent/chemical No Authorised Version F2020C00739 registered 19/08/2020 Schedule 1 Chemicals Part 2 Chemical products defined in terms of a single active constituent 48 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 product Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 32 Methylmercury 2,3-dihydroxypropyl mercaptide IUPAC name CAS number 2597-95-7 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 33 Methylmercury 8-quinolinolate IUPAC name CAS number 86-85-1 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 34 Methylmercury acetate IUPAC name CAS number 108-07-6 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 35 Methylmercury benzoate IUPAC name Methylmercury(II) benzoate; methylmercury(2+) benzoate; methylmercuric benzoate CAS number 3626-13-9 Prescribed active constituent/chemical product No Relevant international agreement or Rotterdam Convention Authorised Version F2020C00739 registered 19/08/2020 Chemicals Schedule 1 Chemical products defined in terms of a single active constituent Part 2 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 49 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 arrangement Conditions or restrictions Export prohibited except with written permission 36 Methylmercury hydroxide IUPAC name CAS number 1184-57-2 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 37 Methylmercury nitrite IUPAC name CAS number 2591-97-9 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 38 Methylmercury propionate IUPAC name CAS number 5903-10-6 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 39 Mirex IUPAC name (1,1a,2,2,3,3a,4,5,5,5a,5b,6-dodecachlorooctahydro-1,3,4-metheno-1H-cyclobuta[ cd]pentalene) dodecachloropentacyclo[5.3.0.0 2,6 .0 3,9 .0 4,8 ]decane or perchloropentacyclo-[5.3.0.0 2,6 .0 3,9 .0 4,8 ]decane CAS number 2385-85-5 Prescribed active constituent/chem ical product Prescribed active constituent for the purposes of subsection 69CA(2) of the Act Relevant international agreement or arrangement Stockholm Convention Conditions or Import prohibited except with written permission under paragraph 3.65(1)(a) Authorised Version F2020C00739 registered 19/08/2020 Schedule 1 Chemicals Part 2 Chemical products defined in terms of a single active constituent 50 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 restrictions Manufacture prohibited in all cases Use prohibited in all cases Export prohibited except with written permission under paragraph 3.230(1)(a), (b) or (c) 40 Monocrotophos IUPAC name Dimethyl (E)-1-methyl-2 (methylcarbamoyl)vinyl phosphate; 3-dimethoxyphosphinoyloxy-N methylisocrotonamide CAS number 6923-22-4 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 41 N-(phenylmercuric) urea IUPAC name (phenylmercurio)urea CAS number 2279-64-3 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 42 Parathion (ethyl) IUPAC name O,O-diethyl O-4-nitrophenyl phosphorothioate CAS number 56-38-2 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission Authorised Version F2020C00739 registered 19/08/2020 Chemicals Schedule 1 Chemical products defined in terms of a single active constituent Part 2 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 51 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 43 Parathion-methyl IUPAC name O,O-dimethyl O-4-nitrophenyl phosphorothioate CAS number 298-00-0 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission Severely hazardous pesticide formulation under Annex III of the Rotterdam Convention—formulation in the form of: (a) emulsifiable concentrate with 19.5%, 40%, 50% and 60% active constituent; or (b) dust containing 1.5%, 2% and 3% active constituent 44 Pentachlorophenol and its salts and esters IUPAC name Pentachlorophenol CAS number 87-86-5 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission Note: The CAS number refers to Pentachlorophenol only. 45 Phenylethylmercuric salicylate IUPAC name CAS number 54-64-8 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission Authorised Version F2020C00739 registered 19/08/2020 Schedule 1 Chemicals Part 2 Chemical products defined in terms of a single active constituent 52 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 46 Phenylmercuric acetate IUPAC name Phenylmercury(II) acetate; phenylmercury(2+) acetate; phenylmercuric acetate CAS number 62-38-4 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 47 Phenylmercuric ammonium acetate IUPAC name CAS number 53404-67-4 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 48 Phenylmercuric ammonium propionate IUPAC name CAS number 53404-68-5 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission Authorised Version F2020C00739 registered 19/08/2020 Chemicals Schedule 1 Chemical products defined in terms of a single active constituent Part 2 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 53 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 49 Phenylmercuric borate IUPAC name CAS number 102-98-7 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 50 Phenylmercuric carbonate IUPAC name CAS number 53404-69-6 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 51 Phenylmercuric chloride IUPAC name Phenylmercury(II) chloride; phenylmercury(2+) chloride; phenylmercuric chloride CAS number 100-56-1 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission Authorised Version F2020C00739 registered 19/08/2020 Schedule 1 Chemicals Part 2 Chemical products defined in terms of a single active constituent 54 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 52 Phenylmercuric dimethyldithiocarbamate IUPAC name Phenylmercury dimethyldithiocarbamate CAS number 32407-99-1 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 53 Phenylmercuric formamide IUPAC name CAS number 22894-47-9 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 54 Phenylmercuric hydroxide IUPAC name CAS number 100-57-2 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission Authorised Version F2020C00739 registered 19/08/2020 Chemicals Schedule 1 Chemical products defined in terms of a single active constituent Part 2 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 55 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 55 Phenylmercuric lactate IUPAC name CAS number 122-64-5 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 56 Phenylmercuric monoethanol ammonium acetate IUPAC name CAS number 5822-97-9 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 57 Phenylmercuric monoethanol ammonium lactate IUPAC name CAS number 53404-70-9 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission Authorised Version F2020C00739 registered 19/08/2020 Schedule 1 Chemicals Part 2 Chemical products defined in terms of a single active constituent 56 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 58 Phenylmercuric napthenate IUPAC name CAS number 31632-68-5 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 59 Phenylmercuric nitrate IUPAC name Phenylmercury(II) nitrate; phenylmercury(2+) nitrate; phenylmercuric nitrate CAS number 55-68-5 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 60 Phenylmercuric oleate IUPAC name CAS number 104-68-9 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission Authorised Version F2020C00739 registered 19/08/2020 Chemicals Schedule 1 Chemical products defined in terms of a single active constituent Part 2 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 57 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 61 Phenylmercuric propionate IUPAC name CAS number 103-27-5 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 62 Phenylmercuric salicylate IUPAC name Phenylmercury(II) salicylate; phenylmercury(2+) salicylate; phenylmercuric salicylate CAS number 28086-13-7 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 63 Phenylmercuric thiocyanate IUPAC name CAS number 16751-55-6 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission Authorised Version F2020C00739 registered 19/08/2020 Schedule 1 Chemicals Part 2 Chemical products defined in terms of a single active constituent 58 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 64 Phenylmercuric threthanol ammonium lactate IUPAC name CAS number 23319-66-6 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 65 Phenylmercuric-2-ethylhexonate IUPAC name CAS number 13302-00-6 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 66 Phenylmercuric-8-quinolinate IUPAC name Phenylmercury(II) quinolin-8-olate; phenylmercury(2+) quinolin-8-olate; phenylmercuric quinolin-8-olate CAS number 26114-17-0 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission Authorised Version F2020C00739 registered 19/08/2020 Chemicals Schedule 1 Chemical products defined in terms of a single active constituent Part 2 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 59 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 67 Phenyl mercury lauryl mercaptide IUPAC name CAS number – Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 67A Phorate IUPAC name Diethoxy-(ethylsulfanylmethylsulfanyl)-sulfanylidene-λ 5 phosphane CAS number 298-02-2 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 68 Phosphamidon IUPAC name 2-chloro-2-diethylcarbamoly-1-methylvinyl dimethyl phosphate CAS number 13171-21-6 23783-98-4 297-99-4 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission Severely hazardous pesticide formulation under Annex III of the Rotterdam Convention—formulation in the form of soluble liquid that exceeds 1 000 grams of the active constituent per litre Authorised Version F2020C00739 registered 19/08/2020 Schedule 1 Chemicals Part 2 Chemical products defined in terms of a single active constituent 60 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 69 Toxaphene (camphechlor) IUPAC name Reaction mixture of chlorinated camphenes containing 67–69% chlorine CAS number 8001-35-2 Prescribed active constituent/chemical product Prescribed active constituent for the purposes of subsection 69CA (2) of the Act Relevant international agreement or arrangement Stockholm Convention Conditions or restrictions Import prohibited except with written permission under paragraph 3.65(1)(a) Manufacture prohibited in all cases Use prohibited in all cases Export prohibited except with written permission under paragraph 3.230(1)(a), (b) or (c) 70 Tribufos IUPAC name S,S,S-tributyl phosphorotrithioate CAS number 78-48-8 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 71 Tributyltin compounds IUPAC name Includes ‘tributylstannane’ or ‘tributylstannyl’ CAS number Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission Note: Tributyltin compounds are a class of chemicals. The structure of each chemical includes the tributyltin group, which on its own has a formula written as C12H27Sn or (C4H9)3Sn. Items 72 to 78 are specific examples of this class. 72 Tributyltin benzoate IUPAC name (Benzyloxy) tributyl stannane CAS number 4342-36-3 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Authorised Version F2020C00739 registered 19/08/2020 Chemicals Schedule 1 Chemical products defined in terms of a single active constituent Part 2 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 61 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Conditions or restrictions Export prohibited except with written permission 73 Tributyltin chloride IUPAC name Tributyl-chloro stannane CAS number 1461-22-9 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 74 Tributyltin fluoride IUPAC name Tributyl-fluoro stannane CAS number 1983-10-4 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 75 Tributyltin linoleate IUPAC name Tributyl-(1-oxo-9,12-octadecadienyl)oxy-stannane CAS number 24124-25-2 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 76 Tributyltin methacrylate IUPAC name Tributyl-(2-methyl-l-oxo-2-propyl)oxystannane CAS number 2155-70-6 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission Authorised Version F2020C00739 registered 19/08/2020 Schedule 1 Chemicals Part 2 Chemical products defined in terms of a single active constituent 62 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 77 Tributyltin naphthenate IUPAC name Tributyl-mono(naphthenoyloxy)stannane CAS number 85409-17-2 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 78 Tributyltin oxide IUPAC name Hexabutyldistannoxane CAS number 56-35-9 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission 79 Trichlorfon IUPAC name dimethyl (RS)-2,2,2-trichloro-1-hydroxyethylphosphonate CAS number 52-68-6 Prescribed active constituent/chemical product No Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission Authorised Version F2020C00739 registered 19/08/2020 Chemicals Schedule 1 Chemical products defined in terms of 2 or more active constituents Part 3 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 63 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Part 3—Chemical products defined in terms of 2 or more active constituents 1 Benomyl/carbofuran/thiram dustable powder Chemical product Dustable powder that contains: (a) benomyl (IUPAC name methyl 1-[(butylamino)carbonyl)]-1H-benzimidazol-2-ylcarbamate, CAS number 17804-35-2) at or above 7%; and (b) carbofuran (IUPAC name 2,3-dihydro-2,2-dimethylbenzofuran-7-yl methylcarbamate, CAS number 1563-66-2) at or above 10%; and (c) thiram (IUPAC name tetramethylthiuram disulfide, CAS number 137-26-8) at or above 15% Relevant international agreement or arrangement Rotterdam Convention Conditions or restrictions Export prohibited except with written permission Severely hazardous pesticide formulation under Annex III of the Rotterdam Convention Authorised Version F2020C00739 registered 19/08/2020 Schedules 2 to 4 64 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Schedules 2 to 4 Note: Schedules 2 to 4 are reserved for future use. Authorised Version F2020C00739 registered 19/08/2020 Infringement notices Schedule 5 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 65 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Schedule 5—Infringement notices Note: See regulation 3A.01. Penalty amounts for infringement notices Item Civil penalty provision Amount for individual (penalty units) Amount for corporation (penalty units) Civil penalty provisions of the Act 1 A contravention of subparagraph 69B(1)(a)(i) of the Act involving: (a) at least 10 kg of an active constituent for a veterinary chemical product; or (b) at least 100 kg of an active constituent for an agricultural chemical product 90 750 2 A contravention of subparagraph 69B(1)(a)(i) of the Act involving: (a) at least 1 kg, but less than 10 kg, of an active constituent for a veterinary chemical product; or (b) at least 10 kg, but less than 100 kg, of an active constituent for an agricultural chemical product 45 375 3 A contravention of subparagraph 69B(1)(a)(i) of the Act involving: (a) less than 1 kg of an active constituent for a veterinary chemical product; or (b) less than 10 kg of an active constituent for an agricultural chemical product 9 75 4 A contravention of subparagraph 69B(1)(a)(ii) involving at least 500 containers 90 750 5 A contravention of subparagraph 69B(1)(a)(ii) involving at least 50 containers but fewer than 500 containers 45 375 6 A contravention of subparagraph 69B(1)(a)(ii) involving fewer than 50 containers 9 75 7 A contravention of subsection 69CD(1) 15 125 8 A contravention of section 69E 15 125 9 A contravention of subsection 69EA(1) 15 125 10 A contravention of subsection 69EA(1A) 15 125 Civil penalty provisions of the Collection Act 11 A contravention of section 15 of the Collection Act 15 125 12 A contravention of section 20 of the Collection Act 15 125 13 A contravention of section 36 of the Collection Act 15 125 Authorised Version F2020C00739 registered 19/08/2020 Endnotes Endnote 1—About the endnotes 66 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Endnotes Endnote 1—About the endnotes The endnotes provide information about this compilation and the compiled law. The following endnotes are included in every compilation: Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Abbreviation key—Endnote 2 The abbreviation key sets out abbreviations that may be used in the endnotes. Legislation history and amendment history—Endnotes 3 and 4 Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. Editorial changes The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date. If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel. Misdescribed amendments A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history. If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. Authorised Version F2020C00739 registered 19/08/2020 Endnotes Endnote 2—Abbreviation key Agricultural and Veterinary Chemicals (Administration) Regulations 1995 67 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Endnote 2—Abbreviation key ad = added or inserted o = order(s) am = amended Ord = Ordinance amdt = amendment orig = original c = clause(s) par = paragraph(s)/subparagraph(s) C[x] = Compilation No. x /sub-subparagraph(s) Ch = Chapter(s) pres = present def = definition(s) prev = previous Dict = Dictionary (prev…) = previously disallowed = disallowed by Parliament Pt = Part(s) Div = Division(s) r = regulation(s)/rule(s) ed = editorial change reloc = relocated exp = expires/expired or ceases/ceased to have renum = renumbered effect rep = repealed F = Federal Register of Legislation rs = repealed and substituted gaz = gazette s = section(s)/subsection(s) LA = Legislation Act 2003 Sch = Schedule(s) LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s) (md) = misdescribed amendment can be given SLI = Select Legislative Instrument effect SR = Statutory Rules (md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s) cannot be given effect SubPt = Subpart(s) mod = modified/modification underlining = whole or part not No. = Number(s) commenced or to be commenced Authorised Version F2020C00739 registered 19/08/2020 Endnotes Endnote 3—Legislation history 68 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Endnote 3—Legislation history Number and year FRLI registration or gazettal Commencement Application, saving and transitional provisions 1995 No. 28 28 Feb 1995 15 Mar 1995 (r 2) 1997 No. 320 17 Nov 1997 17 Nov 1997 (r 2) — 2004 No. 242 12 Aug 2004 18 Aug 2004 (r 2) — 2005 No. 104 8 June 2005 (F2005L01411) 1 July 2005 (r 2) — 2006 No. 89 10 May 2006 (F2006L01437) 12 June 2006 (r 2) — 2010 No. 91 31 May 2010 (F2010L01377) 1 June 2010 (r 2) — 2010 No. 143 29 June 2010 (F2010L01802) 1 July 2010 (r 2) — 2010 No. 307 13 Dec 2010 (F2010L03201) 14 Dec 2010 (r 2) — 2012 No. 180 3 Aug 2012 (F2012L01647) 4 Aug 2012 (r 2) — 179, 2013 29 June 2013 (F2013L01458) Sch 1 (items 6–10): 1 July 2014 (s 2) — 67, 2014 13 June 2014 (F2014L00714) Sch 1 (items 6–10): 1 July 2014 (s 2 item 2) — 5, 2015 3 Mar 2015 (F2015L00247) Sch 2: 4 Mar 2015 (s 2 item 3) — 219, 2015 16 Dec 2015 (F2015L02042) Sch 1 (items 1–3): 17 Dec 2015 (s 2(1) item 2) — Name Registration Commencement Application, saving and transitional provisions Corporations and Other Legislation Amendment (Insolvency Law Reform) Regulation 2016 13 Dec 2016 (F2016L01926) Sch 1 (item 1): 1 Mar 2017 (s 2(1) item 2) — Agricultural and Veterinary Chemicals Legislation Amendment (Reconsideration Participation Review) Regulations 2017 28 June 2017 (F2017L00771) Sch 1 (item 1): 29 June 2017 (s 2(1) item 1) — Authorised Version F2020C00739 registered 19/08/2020 Endnotes Endnote 3—Legislation history Agricultural and Veterinary Chemicals (Administration) Regulations 1995 69 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Name Registration Commencement Application, saving and transitional provisions Agricultural and Veterinary Chemicals (Administration) Amendment (Methamidophos) Regulations 2017 13 July 2017 (F2017L00919) 14 July 2017 (s 2(1) item 1) — Agricultural and Veterinary Chemicals (Administration) Amendment (Carbofuran and Trichlorfon) Regulations 2018 22 June 2018 (F2018L00848) 23 June 2018 (s 2(1) item 1) — Agricultural and Veterinary Chemicals Legislation Amendment (Timeshift Applications and Other Measures) Regulations 2019 22 Mar 2019 (F2019L00357) Sch 1 (item 51): 23 Mar 2019 (s 2(1) item 1) — Agricultural and Veterinary Chemicals (Administration) Amendment (Phorate) Regulations 2020 13 July 2020 (F2020L00906) 14 July 2020 (s 2(1) item 1) — Authorised Version F2020C00739 registered 19/08/2020 Endnotes Endnote 4—Amendment history 70 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Endnote 4—Amendment history Provision affected How affected Part 1 Part 1 heading ................................ ad 2004 No 242 r. 1 ................................................. rs 2004 No 242 r. 2 Renumbered as r. 1.2 ..................... 2004 No 242 r 1.2 ............................................... rep LA s 48D r. 3 Renumbered as r. 1.3 ..................... 2004 No 242 r. 1.3 .............................................. am 2006 No 89; 2012 No 180 r. 1.3A ........................................... ad 2006 No 89 r. 1.4 .............................................. ad 2004 No 242 r. 1.5 .............................................. ad 2004 No 242 Part 1A Part 1A .......................................... ad No 179, 2013 r 1A.1 ............................................ ad No 179, 2013 am No 219, 2015 r 1A.2 ............................................ ad No 179, 2013 r 1A.3 ............................................ ad No 179, 2013 am No 67, 2014; No 219, 2015 Part 2 Part 2 ............................................. ad 2004 No 242 r. 2.05 ............................................ ad 2004 No 242 r. 2.10 ............................................ ad 2004 No 242 r. 2.15 ............................................ ad 2004 No 242 r. 2.20 ............................................ ad 2004 No 242 r. 2.25 ............................................ ad 2004 No 242 r. 2.30 ............................................ ad 2004 No 242 r. 2.35 ............................................ ad 2004 No 242 r. 2.40 ............................................ ad 2004 No 242 r. 2.45 ............................................ ad 2004 No 242 Part 3 Part 3 ............................................. ad 2004 No 242 Division 3.1 r. 3.05 ............................................ ad 2004 No 242 r. 3.10 ............................................ ad 2004 No 242 r. 3.15 ............................................ ad 2004 No 242 r. 3.20 ............................................ ad 2004 No 242 Authorised Version F2020C00739 registered 19/08/2020 Endnotes Endnote 4—Amendment history Agricultural and Veterinary Chemicals (Administration) Regulations 1995 71 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Provision affected How affected Division 3.2 Subdivision 3.2.1 r. 3.45 ............................................ ad 2004 No 242 Subdivision 3.2.2 r. 3.50 ............................................ ad 2004 No 242 r. 3.55 ............................................ ad 2004 No 242 r. 3.60 ............................................ ad 2004 No 242 r. 3.65 ............................................ ad 2004 No 242 Division 3.3 Subdivision 3.3.1 r. 3.100 .......................................... ad 2004 No 242 Subdivision 3.3.2 r. 3.105 .......................................... ad 2004 No 242 r. 3.110 .......................................... ad 2004 No 242 r. 3.115 .......................................... ad 2004 No 242 r. 3.120 .......................................... ad 2004 No 242 Division 3.4 r. 3.145 .......................................... ad 2004 No 242 r. 3.150 .......................................... ad 2004 No 242 Division 3.5 Subdivision 3.5.1 r. 3.175 .......................................... ad 2004 No 242 Subdivision 3.5.2 r. 3.180 .......................................... ad 2004 No 242 r. 3.185 .......................................... ad 2004 No 242 r. 3.190 .......................................... ad 2004 No 242 r. 3.195 .......................................... ad 2004 No 242 Division 3.6 Subdivision 3.6.1 r. 3.200 .......................................... ad 2004 No 242 Subdivision 3.6.2 r. 3.205 .......................................... ad 2004 No 242 r. 3.210 .......................................... ad 2004 No 242 r. 3.215 .......................................... ad 2004 No 242 r. 3.220 .......................................... ad 2004 No 242 r. 3.225 .......................................... ad 2004 No 242 r. 3.230 .......................................... ad 2004 No 242 r. 3.235 .......................................... ad 2004 No 242 r. 3.240 .......................................... ad 2004 No 242 r. 3.245 .......................................... ad 2004 No 242 Authorised Version F2020C00739 registered 19/08/2020 Endnotes Endnote 4—Amendment history 72 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Provision affected How affected r. 3.250 .......................................... ad 2004 No 242 Division 3.7 r. 3.305 .......................................... ad 2004 No 242 r. 3.310 .......................................... ad 2004 No 242 r. 3.315 .......................................... ad 2004 No 242 am F2016L01926 r. 3.320 .......................................... ad 2004 No 242 r. 3.325 .......................................... ad 2004 No 242 r. 3.330 .......................................... ad 2004 No 242 r. 3.335 .......................................... ad 2004 No 242 r. 3.340 .......................................... ad 2004 No 242 r. 3.345 .......................................... ad 2004 No 242 r. 3.350 .......................................... ad 2004 No 242 Division 3.8 r. 3.405 .......................................... ad 2004 No 242 r. 3.410 .......................................... ad 2004 No 242 Division 3.9 Division 3.9 ................................... ad 2004 No 242 r. 3.505 .......................................... ad 2004 No 242 r. 3.510 .......................................... ad 2004 No 242 r. 3.515 .......................................... ad 2004 No 242 r. 3.520 .......................................... ad 2004 No 242 r. 3A .............................................. ad 1997 No 320 Renumbered r. 3.550 ..................... 2004 No 242 r 3.550 ........................................... rs No 104, 2005 am No 143, 2010; F2019L00357 Part 3A Part 3A .......................................... ad No 179, 2013 r 3A.01 .......................................... ad No 179, 2013 Part 4 Part 4 heading ................................ ad 2004 No 242 r. 4 Renumbered r. 4.10 ....................... 2004 No 242 rs No 67, 2014 r. 5 Renumbered as 4.15 ...................... 2004 No 242 r. 4.15 ............................................ am 2006 No 89 rs No 179, 2013 r 4.20 ............................................. ad F2017L00771 Authorised Version F2020C00739 registered 19/08/2020 Endnotes Endnote 4—Amendment history Agricultural and Veterinary Chemicals (Administration) Regulations 1995 73 Compilation No. 18 Compilation date: 14/07/2020 Registered: 19/08/2020 Provision affected How affected Schedule 1 Schedule heading ........................... rs 2004 No 242 Part 1 Part 1 ............................................. ad 2004 No 242 c. 1 ................................................. ad 2004 No 242 am 2006 No 89; 2012 No 180 c. 2 ................................................. ad 2004 No 242 Part 2 Part 2 heading ................................ rs 2006 No 89 Part 2 ............................................. ad No 242, 2004 am No 89, 2006; No 91, 2010; No 307, 2010; No 180, 2012; No 67, 2014; No 5, 2015; F2017L00919; F2018L00848; F2020L00906 Part 3 Part 3 ............................................. ad. 2006 No. 89 Schedules 2–5 Heading and Note to ...................... Schedules 2–5 ad. 2004 No. 242 rep No 179, 2013 Schedule 5 Schedule 5 ..................................... ad No 179, 2013 Heading to Schedule 6 ................... rs. 2004 No. 242 formerly Schedule rep No 179, 2013 Schedule 6 ..................................... rep No 179, 2013 Authorised Version F2020C00739 registered 19/08/2020