This content is current only at the time of printing. This document was printed on 29 April 2017. A current copy is located at http://apvma.gov.au/node/125
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Our compliance and enforcement authority and powers
The APVMA derives authority for a range of compliance assurance activities from legislation including the Admin Act and the Code Act, which details the functions and powers of the APVMA. The actions we take to collect and assess information relevant to our role as the regulator of ongoing chemical manufacture, trade and supply, and to inform the management and control of chemical products, are consistent with those functions and powers.
Such activities include fundamental aspects of monitoring and compliance that are not otherwise specifically listed in the agvet legislation, such as the ability to receive information from various sources, make general enquiries, conduct audits to establish compliance with authorisations (other than audits specifically empowered as part of the Manufacturing Quality Licensing Scheme) and the analysis of information.
Agvet legislation gives the APVMA a specific range of compliance and enforcement powers for the purposes of monitoring and assessing compliance, managing risk, gathering information, and investigating and responding to noncompliance.
The APVMA appoints inspectors under the Admin Act (section 69F) and issues them with identity cards that include a photograph. Inspectors can enter premises and require documents or information in specified circumstances. They may enter residential premises which are also used for commercial purposes with consent or, if there is no consent, with a monitoring warrant, to determine whether agvet laws are being complied with.
When an inspector intends to exercise legislated power, they are required to identify themselves and present their inspectors identity card. This is usually done when the inspector first enters a property. They also provide information about the basis for exercising their powers and inform the occupier of their own rights and responsibilities. Further information on inspectors’ powers and responsibilities is available in the Monitoring—rights and responsibilities factsheet.