Agricultural and Veterinary Chemicals (Control of Use) Act 1992 (review)

This page provides general information and shouldn't be considered as legal advice. Seek legal advice if you're unsure about your legal rights. Be aware that the law can change. 

The Agricultural and Veterinary Chemicals (Control of Use) Act 1992 imposes controls on the use, application and sale of agricultural and veterinary chemical products, fertilisers and stock foods, and the manufacture of fertilisers and stock foods. Among other things, the Act aims to protect the health of the general public, the environment and the health and welfare of animals. 

Cases we can hear

You may be able to apply to VCAT for a review of the decision if your interests are affected by a decision of the Secretary or an authorised officer to:

• refuse to grant a licence, permit or certificate
• cancel a licence, permit or certificate other than at the holder's request
• attach a condition to a licence, permit or certificate
• vary a condition of a licence, permit or certificate
• require testing to be carried out
• issue or amend a land use restriction notice.

Cases we cannot hear

You can't apply to VCAT:

• if the Secretary or an authorised officer has made a decision to seize goods or stock, or issue a destruction notice
• to review orders made by the Magistrates Court of Victoria under the Act
• some cases where one party lives in another state or is a Commonwealth government organisation
• cases heard under federal law instead of Victorian law.

Legislation that gives VCAT the power to hear these applications

Section 64 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992

Documents you need to apply

If you have a decision document, use it to help you complete the VCAT application form and attach a copy of the document to your application.

Time limits

This legislation does not specify a time limit but you should read the decision document carefully and make your application without delay. Usually the time limit for applications for review is 28 days from the date of the decision.

What can VCAT order?

Unless the Act gives us different powers, VCAT can:

• affirm the original decision, in which case the original decision will stand
• vary the decision
• set aside the decision and substitute our own decision
• set aside the decision send back the matter for reconsideration by the decision maker giving directions or recommendations
• invite the decision maker to reconsider their decision at any time during the case.

Apply

We can explain the application process and what the form is asking you for. Contact us to get support.

We can't give you legal advice. This means we can't tell you what to write in your application or recommend how to get the outcome you want.

Seek legal help if you're unsure about your options or need advice about your claim.

Do I need a lawyer or professional representative?

You don't need to have legal or other professional representation to appear at VCAT. If you want to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission. Be aware that the regulatory body in most cases uses legal representation.

Find legal services that may be able to assist you.

Access and privacy

VCAT hearings and files are usually public.

VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality.