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Agricultural and Veterinary Chemicals Legislation Amendment (Australian Pesticides and Veterinary Medicines Authority Board and Other Improvements) Bill 2019

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2019-2020-2021

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Agricultural and Veterinary Chemicals Legislation Amendment (Australian Pesticides and Veterinary Medicines Authority Board and Other Improvements) Bill 2019

 

 

(1)     Schedule 1, item 22, page 14 (after line 11), at the end of section 34KA, add:

Powers may be conferred on the APVMA

             (5)  In relation to an extension of a protection period, or ending such an extension, the regulations may confer a power to make a decision of an administrative character on the APVMA.

[extensions of protection periods]

(2)     Schedule 1, item 25, page 14 (line 28), omit “Instead, an extension of a limitation period must not occur unless,”, substitute “One of the circumstances in which there may be an extension of a limitation period under the regulations is if,”.

[extensions of limitation periods]

(3)     Schedule 1, item 25, page 15 (after line 10), at the end of section 34MA, add:

Powers may be conferred on the APVMA

             (5)  In relation to an extension of a limitation period, or ending such an extension, the regulations may confer a power to make a decision of an administrative character on the APVMA.

[extensions of limitation periods]

(4)     Schedule 1, item 36, page 21 (lines 7 to 15), omit subsection 5F(1), substitute:

             (1)  The APVMA may arrange for the use, under the APVMA’s control, of computer programs for any purposes for which the APVMA may, or must, under this Code:

                     (a)  make a decision of a kind determined in an instrument under subsection (1A); or

                     (b)  exercise any power, or comply with any obligation, related to making a decision to which paragraph (a) applies; or

                     (c)  do anything else related to making a decision to which paragraph (a) applies or related to exercising a power, or complying with an obligation, to which paragraph (b) applies.

          (1A)  The APVMA may, by legislative instrument, determine kinds of decisions for the purposes of paragraph (1)(a). The APVMA may, in that instrument, also determine conditions of use of a computer program as mentioned in subsection (1).

          (1B)  The APVMA must take all reasonable steps to ensure that decisions made by the operation of a computer program under an arrangement made under subsection (1) are correct.

Note:          In addition, subsection 1A(2) of this Code sets out how this Code is to be implemented (which covers the making of an arrangement under subsection (1) of this section).

[safeguards for computerised decision-making]