Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
17. (1) The responsible person in relation to a pesticide may, before the expiration of the term of the registration of the pesticide, apply to the Registrar for its renewal.
(2) An application for renewal shall be in writing signed by the responsible person, and accompanied by the determined fee.
(3) On application in accordance with this section, the Registrar shall renew the registration of the pesticide for a period of 3 years commencing on the day immediately following the day on which, but for its renewal, the registration would have expired.
(4) Where, before the expiration of the term of the registration of a pesticide, the Registrar does not receive an application for its renewal in accordance with this section, the registration of the pesticide is to be taken to be cancelled for the purpose of subsection 15 (4).
18. (1) A person who proposes to use an unregistered pesticide in the course of his or her business, trade, occupation or employment may apply to the Registrar for a restricted permit in relation to that pesticide.
(2) An application for a restricted permit shall—
(a) be in writing signed by the applicant;
(b) specify—
(i) the full name and address of the applicant;
(ii) each distinguishing name of the unregistered pesticide that the applicant proposes to use;
(iii) the full name and address of the supplier from whom the applicant proposes to obtain the pesticide;
(iv) the purpose for which the pesticide is required; and
(v) the quantity of the pesticide required; and
(c) be accompanied by the determined fee.
19. (1) On application in accordance with section 18, the Registrar, if satisfied that in the circumstances it is reasonable to do so, shall grant a restricted permit to the applicant in relation to the pesticide specified in the application for a period not exceeding 1 year.
(2) In making a decision under subsection (1), the Registrar shall have regard to any representations the manufacturer or supplier of the pesticide makes about the proposed use of the pesticide.
(3) The circumstances referred to in subsection (1) include the following:
(a) whether any registered pesticide is available for supply in the Territory which could be used by the applicant for the purpose specified in the application instead of the specified unregistered pesticide;
(b) the effect of refusal of the application on the applicant's business, trade, occupation or employment;
(c) whether the applicant is a fit and proper person to hold a restricted permit;
(d) the need to ensure the minimisation of—
(i) any risk to public health; and
(ii) any risk of damage to the environment or property;
resulting from dealings with the specified unregistered pesticide.
(4) A restricted permit shall specify—
(a) the particulars referred to in subparagraphs 18 (2) (b) (i), (ii), (iii) and (iv) in relation to the application for the permit;
(b) the conditions (if any) to which the permit is subject;
(c) the period for which the permit is granted; and
(d) such other particulars (if any) as are prescribed.
(5) Upon granting a restricted permit, the Registrar shall enter in the register, under each distinguishing name of the pesticide in relation to which the permit is granted, the particulars specified under subsection (4), together with such advisory information about dealing safely with the pesticide as the Registrar considers desirable.
(6) Notwithstanding subsection (5), a pesticide in relation to which a restricted permit is granted is not, for the purposes of this Act, to be taken to be registered by virtue of the grant of that permit.
20. (1) The conditions that may be specified in a restricted permit are such conditions as the Registrar considers reasonable for ensuring the minimisation of—
(a) any risk to public health; and
(b) any risk of damage to the environment or property;
resulting from dealings with the specified unregistered pesticide.
(2) The Registrar may vary the conditions specified in a restricted permit, with effect from a date specified in the notices of variation given pursuant to section 80, being not less than 28 days after the date on which the latest such notice is given.
(3) Within 28 days of service to the relevant permit holder of a notice referred to in subsection (2), he or she shall submit the permit to the Registrar.
Penalty: $500.
(4) On receipt of the restricted permit, the Registrar shall amend the permit and register accordingly and return the permit to its holder.
21. (1) If a change occurs in the address of the holder of a restricted permit, that person shall, within 14 days after the change, submit the permit to the Registrar together with written notice of the change.
Penalty: $500.
(2) On receipt of a notice, the Registrar shall amend the permit and the register accordingly and return the permit to its holder.
22. (1) The holder of a restricted permit may surrender it by notifying the Registrar accordingly by writing accompanied by the permit.
(2) The surrender of a restricted permit takes effect on the date the notice of surrender is given in accordance with subsection (1).
23. (1) The Registrar may cancel a restricted permit if—
(a) the permit holder has been convicted—
(i) of a defined offence; or
(ii) in Australia or elsewhere of any other offence relating to a pesticide; or
(b) the Registrar is satisfied on reasonable grounds that the permit holder—
(i) has contravened the terms of the permit;
(ii) has used the relevant pesticide for a purpose other than that in relation to which the permit was granted; or
(iii) no longer needs to use pesticide for the purpose in relation to which the permit was granted.
(2) The cancellation of a permit takes effect from the date specified in the notices of cancellation given pursuant to section 80, being a date no earlier than that on which the latest such notice is given.
24. (1) The holder of a restricted permit may, before the expiration of the term of the permit, apply to the Registrar for its renewal.
(2) An application for the renewal of a restricted permit shall be in writing signed by the applicant and accompanied by the determined fee.
(3) On application in accordance with this section, the Registrar shall renew the permit for a period not exceeding 12 months, commencing on the day immediately following the day on which, but for its renewal, the permit would have expired.