Australian Capital Territory Repealed Acts

This legislation has been repealed.

PESTICIDES ACT 1989

TABLE OF PROVISIONS

           Table of Amendments
           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Pesticides Act 1989.1  
   2.      2.1 (1) This section and  
   6.      6.  

   PART II--REGISTRATION REGISTRAR OF PESTICIDES

   7.      (1) There shall be a Registrar of Pesticides.  
   7A.     7A. (1) The Chief Executive shall issue to the Registrar an identity card that specifies the Registrar's name and office, and on which appears a recent photograph of the Registrar.  
   8.      The Registrar may, by instrument, delegate to a person any of his or her powers under this Act.  
   13.     The Registrar shall register a pesticide—  
   16.     The registration of a pesticide shall remain in force, unless sooner cancelled, until the expiration of 3 years after the date on which it was granted, and may be renewed in accordance with section 17.  

   PART III--RESTRICTED PERMITS APPLICATION

   25.     Upon the expiration of a restricted permit by cancellation or lapse of time, the permit holder shall not, without reasonable excuse, fail to return the permit to the Registrar.  

   PART IV--RESEARCH PERMITS INTERPRETATION

   26.     In this Part, “deal with” includes manufacture.  
   35.     Upon the expiration of a research permit by cancellation or lapse of time, the permit holder shall not, without reasonable excuse, fail to return the permit to the Registrar.  

   PART V--EMERGENCY PERMITS APPLICATION

   38.     The conditions that may be specified in an emergency permit are such conditions as the Registrar considers reasonable for ensuring the minimisation of—  
   41.     Upon the expiration of an emergency permit, whether by cancellation or lapse of time, the permit holder shall not, without reasonable excuse, fail to return the permit to the Registrar within 14 days of that expiration.  

   PART VI--REGISTRAR'S DIRECTIONS AND PUBLIC NOTICES

   42.     In this Part—“directions” means directions issued under section 44; “notice” means a notice published under section 45.  
   43.     The circumstances referred to in this Part include the following:  
   44.     Where the Registrar—  
   45.     Where the Registrar considers it reasonable in the circumstances, he or she shall cause a notice about dealing with a pesticide to be published in the Gazette and in a daily newspaper published and circulating in the Territory.  

   PART VII--OFFENCES INTERPRETATION

   48.     In this Part—“directions” means directions for dealing with a quantity of a pesticide, being directions given to a person—  
   49.     A person shall not, without reasonable excuse, manufacture an unregistered pesticide, except in accordance with a research permit.  
   55.     A person shall not, without reasonable excuse, possess, supply, transport or store a registered pesticide, or a pesticide the registration of which has been cancelled, otherwise than in a container of a type specified, or previously specified, as the case may be, in the register in relation to that pesticide.  
   56.     A person shall not, without reasonable excuse, possess, supply, transport or store a registered pesticide, or a pesticide the registration of which has been cancelled, otherwise than in a container that bears a label that is identical to the label a facsimile or photograph of which—  
   59.     A permit holder shall not, upon a request by an inspector, fail, without reasonable excuse, to produce the permit for inspection.  
   62.     Where a body corporate is convicted of a defined offence, the penalty that the Court may impose is a fine not exceeding 5 times the maximum amount that, but for this section, the Court could impose as a pecuniary penalty for that offence.  

   PART VIII--ENFORCEMENT INTERPRETATION

   66.     An inspector may enter any premises, other than residential premises, at any reasonable hour of the day or night, with such assistance and by such force as is reasonable, and may exercise any power under subsection 71 (1), if the inspector believes on reasonable grounds—  
   67.     Where an inspector believes on reasonable grounds that it is necessary to do so for the purposes of this Act, he or she may enter any premises and exercise any power under subsection 71 (1) in respect of any thing the inspector believes on reasonable grounds to be connected with a defined offence—  
   69.     An inspector who enters premises under section 66 or 67 is not authorised to remain on the premises if, on the request of the occupier of the premises, the inspector does not show his or her identity card to the occupier.  
   77.     77.3 (1) In proceedings for a defined offence, a  

   PART IX--ADMINISTRATIVE REVIEW NOTICE OF DECISIONS

   81.     Application may be made to the Administrative Appeals Tribunal for a review of a decision—  

   PART X--MISCELLANEOUS POWER OF MINISTER TO DETERMINE FEES
   ENDNOTES