S. 1(c) amended by No. 55/2001 s. 4. (c) to impose controls in relation to the production of agricultural produce to avoid the contamination of food for human consumption; and S. 1(d) inserted by No. 55/2001 s. 4. (d) to impose controls in relation to the transport, handling, sale and other dealings with agricultural produce, fertilisers and stock food. 2 Commencement s. 2 This Act comes into operation on a day or days to be proclaimed. 3 Act to bind Crown This Act binds the Crown, not only in right of but also, so far as the legislative power of Parliament permits, in all its other capacities. 4 Definitions (1) In this Act— S. 4(1) def. of advice note amended by Nos 73/1994 s. 40(c), 33/2000 s. 3(a). advice note means any document (other than a label) that contains any information about a veterinary chemical product, fertiliser, stock food or meal of animal origin or advice on its use, and that is supplied by the seller to the buyer in connection with the sale of the veterinary chemical product, fertiliser, stock food or meal of animal origin; S. 4(1) def. of aerial spraying amended by No. 73/1994 s. 40(d). aerial spraying means the spraying, spreading or dispersing of an agricultural chemical product (whether in a solid or liquid form) from an aircraft in flight; S. 4(1) def. of agricultural chemical preparation repealed by No. 73/1994 s. 40(a). * * * * *
S. 4(1) def. of contaminated, in relation to a fertiliser or stock food inserted by No. 55/2001 s. 5(e). contaminated, in relation to a fertiliser or stock food, means having a contaminant present in the fertiliser or stock food in excess of the maximum limit for that substance; contaminated produce notice means a notice issued under section 52; S. 4(1) def. of Department substituted by Nos 73/1994 s. 40(h), 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 2)), amended by No. 56/2003 s. 11(Sch. item 1.1). Department means the Department of Primary Industries; s. 4 destruction notice means a notice issued under section 58; S. 4(1) def. of fertiliser amended by No. 73/1994 s. 40(i). fertiliser means— (a) a substance that is manufactured, represented, sold or used as a means of directly or indirectly— (i) fertilising the soil; or (ii) supplying nutrients to plants; or (iii) conditioning soil by altering the chemical, physical or biological composition of the soil; or
APVMA in accordance with section 7A of the Agricultural and Veterinary Chemicals (Administration) Act 1992 of the Commonwealth for that substance in relation to animals or agricultural produce of that type; S. 4(1) def. of meal of animal origin inserted by No. 33/2000 s. 3(b). meal of animal origin includes a mixture of meals of animal origin; s. 4 operator, in relation to an aircraft, means— (a) if the aircraft is subject to a agreement or a lease, the person in possession of the aircraft; and (b) if the aircraft is borrowed for use (whether or not under a financial arrangement), the person borrowing the aircraft; and (c) in any other case, the owner of the aircraft; S. 4(1) def. of package amended by Nos 73/1994 s. 40(k), 33/2000 s. 3(a). package, in relation to a chemical product, fertiliser, stock food or meal of animal origin, means anything in or by which the chemical product, fertiliser, stock food or meal of animal origin is wholly or partly covered or contained; pest— (a) in relation to any animal, plant or thing, means any animal, plant or other biological entity that injuriously affects the physical condition, worth or utility of that animal, plant or thing; and purchase
(c) matter the preparation of which involves the use of an organism; and (d) a mixture or compound; target area, in relation to agricultural spraying, means the area within which pests are intended to be controlled by the spraying; S. 4(1) def. of unregistered chemical product inserted by No. 73/1994 s. 40(b). unregistered chemical product means a chemical product which is not registered under Part 2 of the Agvet Code of ; S. 4(1) def. of veterinary chemical preparation repealed by No. 73/1994 s. 40(a). * * * * * S. 4(1) def. of veterinary chemical product inserted by No. 73/1994 s. 40(b), amended by Nos 58/1997 s. 96(Sch. item 1.1), 13/2010 s. 51(Sch. item 4). veterinary chemical product has the same meaning as in the Agvet Code of except that, despite section 5(4) of that Code, it includes— (a) a substance or mixture of substances that is— (i) prepared by a pharmacist registered under the Health Practitioner Regulation National Law in accordance with the instructions of a veterinary practitioner; or s. 4 (ii) prepared by a veterinary practitioner— in the course of the practice, by the person preparing the substance or mixture of substances, of his or her profession; and
S. 27(g) amended by No. 73/1994 s. 48(2)(a). (g) requiring a seller to keep records of the sale of a chemical product, fertiliser or stock food; S. 27(h) amended by No. 73/1994 s. 48(2)(a). (h) requiring a user to keep records of the use of a chemical product, fertiliser or stock food; (i) prescribing— (i) particulars that must be written on labels or advice notes and the manner in which, and method by which, they must be written; (ii) matters or things that must not be written on labels or advice notes; S. 27(i)(iii) amended by Nos 73/1994 s. 48(2)(e), 33/2000 s. 5. (iii) the manner in which advice notes must be supplied to buyers of veterinary chemical products, fertilisers, stock foods or meal of animal origin; S. 27(i)(iv) amended by Nos 73/1994 s. 48(2)(e), 33/2000 s. 5. (iv) the manner in which labels must accompany veterinary chemical products, fertilisers, stock foods or meal of animal origin. 28 Offence of use without certificate s. 28 A person must not— S. 28(a) amended by No. 73/1994 s. 48(3). (a) use a prescribed chemical product, fertiliser or stock food, or a chemical product, fertiliser or stock food of a class that is prescribed; or S. 28(b) amended by No. 73/1994 s. 48(3). (b) use in a prescribed manner a prescribed chemical product, fertiliser or stock food, or a chemical product, fertiliser or stock food of a class that is prescribed—
(1) The Governor in Council may by Order control or prohibit agricultural spraying for the purpose of protecting susceptible plants and stock, public health and the environment. (2) Before recommending to the Governor in Council that an Order be made, the Minister must publish notice of the proposal to make the Order, in the Government Gazette and, twice in not less than 14 days, in a newspaper circulating generally in the area that would be affected by the Order. (3) The notice must— (a) specify the general purpose of the proposed Order; and (b) state where a copy of the proposed Order can be purchased, and where it can be inspected; and (c) state that public comment is invited. (4) The Minister must allow at least 28 days after the later publication of the notice in the newspaper for public comment. (5) If after complying with subsections (2) and (3) and considering any comments made under subsection (3)(c) the Minister decides to recommend the making of the Order, he or she must publish notice of that decision in the Government Gazette and in the same newspaper. S. 38(6) amended by No. 73/1994 s. 50(2). (6) The Order must be published in the Government Gazette and takes effect on the day of publication or any later day specified in the Order. 39 Effect of order s. 39 (1) An Order under section 38 applies as specified in the Order—
(2) It is a defence to a prosecution under subsection (1)(a) to prove that the plants or stock have no economic value. S. 41 repealed by No. 55/2001 s. 12, new s. 41 inserted by No. 55/2001 s. 13. 41 Contamination by spray drift s. 41 (1) A person must not carry out agricultural spraying— (a) which contaminates any stock outside the target area; or (b) which is likely to contaminate any agricultural produce derived from plants or stock outside the target area. In the case of a corporation, 200 penalty units. In any other case, 100 penalty units. (2) It is a defence to a prosecution under subsection (1)(b) if the agricultural produce is not to be used as stock food or sold as, or manufactured into, food or stock food. 42 Requirements for pilots (1) A person must not pilot an aircraft to carry out aerial spraying unless he or she— (a) holds a pilot (chemical rating) licence; and (b) complies with any conditions of that licence. 200 penalty units. S. 42(2) substituted by Nos 73/1994 s. 50(4), 55/2001 s. 14. (2) A person must not pilot an aircraft to carry out aerial spraying unless he or she— (a) holds an agricultural aircraft operator licence and complies with all conditions (if any) of that licence; or (b) is an employee or agent of a person who holds an agricultural aircraft operator licence.
to be used for the purpose of agricultural spraying— (a) not to use the equipment until the repairs specified in the notice have been made; or (b) to make the repairs specified in the notice before the date specified in the notice. (2) The owner of the equipment must comply with the notice. 200 penalty units. S. 46A inserted by No. 55/2001 s 16. 46A Notice to operators of defective spraying equipment (1) An authorised officer who is satisfied on reasonable grounds that equipment that is used or to be used for agricultural spraying would be likely to harm the operator of the equipment or other persons, or cause the contamination of any stock or agricultural produce outside the target area, if so used may, by notice in writing, direct that the operator or a person in possession of the equipment— (a) not use the equipment; and (b) take all reasonable steps to ensure that no other person uses the equipment. (2) The operator or person in possession of the equipment must comply with a notice issued in accordance with this section. 200 penalty units. (3) An authorised officer may revoke or vary a notice under subsection (1) by further notice to the operator or person in possession of the equipment. s. 47 47 Regulations for spraying equipment The Governor in Council may make regulations in accordance with section 76 for or with respect to regulating equipment used or to be used for the
S. 54(1)(ga) inserted by No. 55/2001 s. 19(2). (ga) to take any photographs or make any audio or visual recordings as he or she considers necessary; and S. 54(1)(h) amended by No. 73/1994 s. 51(2)(e). (h) to open any package, container or receptacle which the authorised officer reasonably suspects contains a chemical product, fertiliser or stock food; and (i) to take and remove for analysis or examination— S. 54(1)(i)(i) amended by No. 73/1994 s. 51(2)(e). (i) samples of any substance that the authorised officer reasonably suspects is a chemical product, fertiliser or stock food; and s. 54 S. 54(1)(i)(ii)(iii) repealed by No. 22/2004 s. 3(1). * * * * * S. 54(1)(ia) inserted by No. 55/2001 s. 19(3). (ia) if the authorised officer is satisfied that it would pose a risk to public health or safety (including the health or safety of the authorised officer) to open a sealed package or container to take a sample of any substance in the package or container that the authorised officer reasonably suspects is a chemical product, fertiliser or stock food or of any agricultural produce in the package or container, to take and remove for examination the package or container and its contents; and (j) to conduct any analysis or examination of a sample or specimen to determine its composition; and S. 54(1)(ja) inserted by No. 55/2001 s. 19(4). (ja) to take and remove for analysis and examination any equipment used for or in connection with the application of any chemical product or fertiliser; and
S. 59(2) amended by No. 73/1994 s. 53(1), substituted by No. 55/2001 s. 22. (2) A person must not make any statement or provide any document or other information about a chemical product, fertiliser, or stock food or its use (including in the case of a registered chemical product, the circumstances of its use) that is false or misleading and likely to cause a person who relies on the statement, document or other information to— (a) commit an offence under this Act or the regulations under this Act; or (b) contaminate stock or agricultural produce; or (c) injuriously affect plants that are to be applied with the chemical product or fertiliser. In the case of a corporation, 100 penalty units. In any other case, 50 penalty units. S. 59(3) inserted by No. 55/2001 s. 22. (3) A person must not make any statement or provide any document or other information in relation to the target area, or the area contiguous to the target area, of agricultural spraying to be carried out on behalf of that person that is false or misleading and likely to cause a person who carries out the agricultural spraying who relies on the statement, document or other information to commit an offence under this Act or the regulations under this Act. In the case of a corporation, 100 penalty units. In any other case, 50 penalty units. 60 Extra information about application may be required s. 60 S. 60(1) amended by No. 73/1994 s. 53(2)(a)(i)(ii). (1) The chief administrator may, by notice in writing, require an applicant to supply extra information if that extra information is reasonably required to
enable the chief administrator to deal properly with the application. S. 60(2) amended by No. 73/1994 s. 53(2)(b). (2) The chief administrator may refuse to consider the application further until the extra information is supplied. S. 60(3) amended by No. 73/1994 s. 53(2)(c). (3) An applicant who becomes aware of any material change to the information supplied in, or in relation to, the application must notify the chief administrator. In the case of a corporation, 20 penalty units. In any other case, 10 penalty units. 61 Information about licence, permit or certificate may be required S. 61(1) substituted by No. 73/1994 s. 53(3). (1) The chief administrator may, by notice in writing given to the holder of a licence, permit or certificate, require that person to supply any information that is reasonably required to enable the chief administrator to decide whether the licence, permit or certificate should be cancelled. (2) A person who is given a notice must comply with it. In the case of a corporation, 50 penalty units. In any other case, 20 penalty units. 62 Information about sale of a chemical product, fertiliser or stock food s. 61 S. 62(1) amended by No. 73/1994 s. 53(4)(a). (1) An authorised officer may require the seller or person in possession of a chemical product, fertiliser or stock food, or of any substance that the authorised officer reasonably suspects is a chemical product, fertiliser or stock food—