Agricultural and Veterinary Products (Control of Use) Act
Reviews of decisions under the Agricultural and Veterinary Products (Control of Use) Act 2002 (SA)
From 22 February 2018 SACAT will have a review jurisdiction under the Agricultural and Veterinary Products (Control of Use) Act 2002 (SA). This will enable reviews of certain decisions made by the Minister for Agriculture, Food and Fisheries or an authorised officer under the Agricultural and Veterinary Products (Control of Use) Act 2002 (SA).
Types of Decisions that can be reviewed by SACAT
SACAT can review the following decisions of the Minister:
- To pay just and reasonable compensation for loss suffered if there were insufficient grounds for making a trade protection order
- To issue a compliance order.
SACAT can also review a decision of an authorised officer to issue an emergency compliance order.
Applications of this kind will be handled by SACAT’s Administrative & Disciplinary Stream.
Generally, an application for review of a decision must be lodged:
- Within 28 days from the date the compensation determined was received or the making of the compliance order or variation
- In special circumstances, the Tribunal may permit you to make an application after this time.
Before applying to SACAT for a review of a Minister for Agriculture, Food and Fisheries or authorised officer’s decision, you must:
- Have a copy of the decision or order which you want to challenge – you should include this with your application.
- Ensure you are ready to pay the required fee for making an application.
How to apply:
Click here to start an online application. In the field entitled ‘Type keyword here’ contained within Step 2 type the word ‘Agriculture’ as shown below and then scroll down to select the correct application type.
If you are not sure if you have selected the correct application type you can hover over the ‘question mark’ on the right-hand side to see a brief description of the application you have selected.
If you have any further questions or you would like a staff member from SACAT to assist you to complete the application over the telephone please call SACAT on 1800 723 767 (menu option 4 then option 5 - for reviews of Government Decisions).
Attach a copy of the decision you are seeking to review:
You must upload a copy of the decision you are seeking to review when completing your on-line application, or you can email the decision to SACAT at firstname.lastname@example.org, or post the decision to SACAT at GPO Box 2361 Adelaide SA 5001. Please quote your tracking code or file number when sending any correspondence to SACAT.
There is a filing fee applicable for this type of application. Payment can be made on-line by credit card at the time of completing the on-line form, or by using one of the other options outlined in the payment section of the on-line form.
Click here to see a list of current fees and information about payment methods and fee waiver options.
Organisations that may be able to assist you:
- Legal Services Commission - www.lsc.sa.gov.au – The Legal Services Commission offer a free telephone legal advice line and other methods of advice for members of the public.
- Welfare Rights Centre - www.wrcsa.org.au – The Welfare Rights Centre will provide free legal advice to people who are low income earners or are at risk of homelessness. In some instances the Welfare Rights Centre may represent a member of public at the Tribunal.