Australian Capital Territory Repealed Acts

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This legislation has been repealed.

PESTICIDES ACT 1989 (REPEALED) - SECT 2

2.1 (1) This section and section 1 commence on the day on which this Act is notified in the Gazette .

(2) The remaining provisions of this Act commence on such date as is, or such dates as respectively are, fixed by the Minister by notice in the Gazette .

Interpretation

3. (1) In this Act, unless the contrary intention appears—

“address” means—

        (a)     in the case of a natural person—the person's business, trade or occupational address; or

        (b)     in the case of a body corporate—the address of its registered office, or its principal place of business or operation;

“analyst” means a person appointed as an analyst under section 65;
“container”, in relation to a pesticide, includes any covering of the pesticide, but does not include any inner lining included in a container for the purpose only of preventing the pesticide from being in contact with the container;
“deal” means possess, supply, transport, store, use or dispose of;
“defined offence” means an offence under this Act or under the regulations, or under Part VIII of the Crimes Act 1900 of the State of New South Wales in its application to the Territory, in relation to an offence under this Act or the regulations;
“determined fee” means the fee determined under section 83 for the purposes of the provision in which the expression occurs;
“director”, in relation to a body incorporated for a public purpose by a law of the Territory, of the Commonwealth, of another Territory, or of a State, or in relation to an association incorporated under such a law, includes any office holder of the body or association;
“dispose of” includes destroy, but does not include supply, store or use;
“emergency permit” means a permit granted under section 37;
“inspector” means a person appointed as an inspector under section 64;
“label”, in relation to a container of pesticide, means anything attached to, or painted, printed or embossed on, that container which—

        (a)     identifies the pesticide and its manufacturer; or

        (b)     contains or constitutes any instruction or warning about dealing with the pesticides;

“labels book” means the Labels Book established under section 10;
“NSW Act” means the Pesticides and Allied Chemicals Act 1978 of the State of New South Wales;
“pest” means any vermin or other troublesome or destructive form of biological entity;
“pesticide” means any substance, or mixture of substances, that is ordinarily used as a means of—

        (a)     destroying, stupefying, repelling or inhibiting the feeding of any pest;

        (b)     preventing infestation or attacks by any pest;

        (c)     attracting any pest for the purpose of its destruction;

        (d)     destroying vegetation or altering its natural development, productivity, quality or reproductive capacity; or

        (e)     destroying, rendering ineffective, or regulating the effect of, a fungus or other parasitic vegetation, virus or bacteria—

              (i)     on or in any substance other than a manufactured food or beverage;

              (ii)     on, but not in, livestock; or

              (iii)     on or in any other form of life except man;

but does not include such a substance, or such a mixture of substances, that is ordinarily used—

        (f)     for internal administration to animals other than pests;

        (g)     solely as a fertilizer; or

        (h)     as a means of remedying or assisting to remedy any imbalance in soil or any other matter in which vegetation is grown;

“premises” includes any vacant land, vehicle, aircraft or vessel;
“proprietary information”, in relation to a pesticide or a pesticide constituent, means—

        (a)     a trade secret relating to the pesticide or constituent;

        (b)     any other information relating to the pesticide or constituent that has a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information were made public; or

        (c)     information concerning the lawful commercial or financial affairs of a person, organisation or undertaking, being affairs—

              (i)     relating to the manufacture, distribution or sale of the pesticide or constituent; and

              (ii)     in respect of which the person, organisation or undertaking could be unreasonably affected in an adverse manner by the information being made public;

“register” means the Register of Pesticides established under section 9;
“registered” means registered under Part II;
“Registrar” means the Registrar of Pesticides under section 7;
“research permit” means a permit under section 28;
“responsible person”, in relation to a registered pesticide, means the person specified in the entry in the register in relation to that pesticide as the manufacturer of the pesticide, or as the agent of the manufacturer in respect of the supply of the pesticide in the Territory;
“restricted permit” means a permit granted under section 19;
“State pesticides law” means—

        (a)     the NSW Act;

        (b)     the Victorian Act; or

        (c)     such laws of a State or another Territory as are prescribed;

“substance” includes an organism;
“supply” includes—

        (a)     sell or exchange;

        (b)     send, forward or deliver for, or on, sale or exchange;

        (c)     supply under a hire-purchase agreement;

        (d)     offer for supply; or

        (e)     give away;

“Victorian Act” means the Agricultural Chemicals Act 1958 of the State of Victoria.

(2) For the purposes of this Act, where a pesticide is supplied together with instructions that in order to use the pesticide it may, or should, be mixed with another substance—

        (a)     a manufacturer or supplier of the pesticide shall be taken to be a manufacturer or supplier, as the case may be, of the resultant mixture; and

        (b)     a person who mixes the pesticide with the other substance in accordance with those instructions shall not be taken to be a manufacturer of that mixture.

(3) For the purposes of this Act, where a pesticide undergoes a chemical change due only to the passage of time, the resultant substance is nevertheless to be taken to continue to be the same pesticide.

Inconsistent directions, notices and permits

4. (1) For the purposes of this Act, where, in relation to a pesticide, there is an inconsistency between instructions in 2 instruments, the instruction in the earlier instrument is, to the extent of the inconsistency, of no effect.

(2) For the purposes of this Act, where, in relation to a pesticide, an instrument is given or published later than inspector's directions and includes an instruction which is inconsistent with an instruction in the inspector's directions, the instruction in the inspector's directions is, to the extent of the inconsistency, of no effect.

(3) In this section—

“inspector's directions” means directions given under section 73 or 74;

“instrument” means—

        (a)     directions given under section 44;

        (b)     a notice published under subsection 15 (4) or section 45; or

        (c)     a restricted permit, a research permit, or an emergency permit;

which are, or is, in force for the time being.

Reasonable excuse

5. (1) A person shall not be taken to have a reasonable excuse for an act that is due to—

        (a)     a reasonable mistake caused by the person's reliance on information supplied by another person; or

        (b)     an act of another person;

if, when the first-mentioned act occurred, that other person was—

        (c)     the first-mentioned person's servant or agent; or

        (d)     if the first-mentioned person is a body corporate—a director, officer, servant or agent of the body corporate.

(2) In a prosecution for a defined offence, the defendant is not, without leave of the court, entitled to rely on a defence of reasonable excuse for an act which the defendant alleges was due to—

        (a)     a reasonable mistake caused by the defendant's reliance on information supplied by another person; or

        (b)     an act of another person;

unless the defendant has, not later than 7 days before the day on which that defence is sought to be relied on, served on the person who instituted the proceedings a notice in writing giving such information as would identify or assist in the identification of the other person as is then in the defendant's possession.

(3) In this section, “act” includes omission.

Application to the Crown


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