Page 3124 - Week 10 - Wednesday, 15 September 1993
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(e) Under such an arrangement, the ACT's interests would be protected by way of an intergovernmental agreement, which would ensure that, apart from forgoing its ability to legislate in this field, the ACT would be in the same position as the States and the Northern Territory under the arrangements.
(2) Consents to the Commonwealth using its section 122 powers under the Constitution to legislate in and on behalf of the ACT in respect of the proposed National Registration Scheme for Agricultural and Veterinary Chemicals.
At the October 1990 Special Premiers Conference heads of government identified the need for there to be a national registration scheme for agricultural and veterinary chemicals to replace the existing eight State and Territory registration authorities. Following that decision the Australian Agricultural Council agreed in August 1991 to the establishment of a national scheme which would see the Commonwealth taking responsibility for evaluation and registration matters up to the point of retail sale. The States and Territories would retain responsibility for overseeing control of substances after their sale, as well as undertaking surveillance and compliance activities on behalf of the Commonwealth.
To give effect to the establishment of the national registration scheme, the Commonwealth Parliament has now passed legislation establishing the National Registration Authority, which will oversee the Commonwealth's role in the scheme. Establishment of the authority will bring together the majority of those functions and employees previously undertaking registration and evaluation functions in the various Commonwealth departments. Madam Speaker, the Prime Minister has recently written to me giving his assurances that it is the Commonwealth's intention that the authority and its functions will remain in the ACT.
The next step in implementing the national scheme will require the Commonwealth to put forward legislation which will define the powers and duties of the national authority in relation to the States and Territories. Adoption of this legislation by all other jurisdictions would then formally establish the national scheme. In order to put this model legislation forward, the Commonwealth is required to legislate in respect of another jurisdiction for which it has the power to do so. Members might recall that this complementary adoptive approach was used in relation to the national road transport reforms undertaken during the Special Premiers Conference process. With this in mind, the Prime Minister has written to me seeking my cooperation in gaining the consent of the Legislative Assembly for the Commonwealth to use its section 122 powers under the Constitution to legislate in the ACT as a means of putting forward the required model legislation.
Madam Speaker, I believe that the ACT, along with all other jurisdictions, will enjoy significant advantages from the establishment of a national and more uniform approach to the issue of registration and evaluation of agricultural and veterinary chemicals. The ACT will also benefit from the establishment of a single registering authority which, I have the Prime Minister's assurance, will remain located in the ACT, thus protecting the jobs of some 150 Canberrans.
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