Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
9. (1) The Registrar shall establish and maintain a register called the Pesticides Register.
(2) The Registrar shall identify, in relation to each entry in the register in relation to a registered pesticide, which part of that entry, if any, is proprietary information in relation to that pesticide or any of its constituents, taking into account the matter specified pursuant to subparagraph 11 (2) (b) (ix) in the application for registration of the pesticide.
(3) A person may inspect or, upon payment of the determined fee, obtain a copy of an entry in the register.
(4) Only the responsible person in relation to a registered pesticide may inspect, or obtain a copy of, that part of the entry in the register in relation to that pesticide which sets out the information, if any, identified by the Registrar to be proprietary information.
(5) Where the person referred to in subsection (3) is the Registrar of Pesticides appointed under the NSW Act, or the Chief General Manager of the Department of State of Victoria responsible for the administration of the Victorian Act, or a person acting on behalf of either of those persons—
(a) in the case of the Registrar of Pesticides or a person acting on his or her behalf—no fee is payable for the purpose of subsection (3); and
(b) subsection (4) does not apply.
10. (1) The Registrar shall establish and maintain a book called the Labels Book.
(2) A person may inspect or, upon payment of the determined fee, obtain a copy of an attachment to the labels book.
(3) The Registrar of Pesticides appointed under the NSW Act, or a person acting on his or her behalf, is not liable to pay the determined fee.
11. (1) A person who—
(a) is a manufacturer of a pesticide; or
(b) is an agent for such a manufacturer in respect of the supply of the pesticide in the Territory;
may apply to the Registrar for the registration of the pesticide.
(2) An application for the registration of a pesticide shall—
(a) be in writing signed by the applicant;
(b) specify—
(i) the full name and address of the applicant;
(ii) if the applicant is not the manufacturer of the pesticide—the full name and address of the manufacturer for or on behalf of whom the applicant is acting;
(iii) if the applicant does not intend to supply the pesticide in the Territory—the full name and address of each person known to the applicant who intends to supply the pesticide in the Territory;
(iv) each distinguishing name under which the pesticide is to be supplied in the Territory;
(v) the chemical formulation or the biological description of the pesticide;
(vi) each State pesticides law under which the pesticide is registered, and the registration number (if any) for the pesticide under each such law;
(vii) each distinguishing name under which the pesticide is offered for supply in each State in which the pesticide is registered under a State pesticides law;
(viii) each kind of container in which the pesticide is to be supplied in the Territory; and
(ix) any information identified by the applicant as proprietary information in relation to the pesticide or any of its constituents; and
(c) be accompanied by—
(i) a facsimile or coloured photograph, on which all writing, symbols and diagrams are legible, of each kind of label for containers in which the pesticide is to be supplied in the Territory;
(ii) where no registration number is assigned to the pesticide under the State pesticides law under which it is registered, written evidence, in a form approved by the Registrar, of such registration; and
(iii) the determined fee.
12. (1) Where, on application in accordance with section 11, the Registrar is satisfied that—
(a) the pesticide is to be supplied in the Territory;
(b) the pesticide is to be supplied in the Territory only under a State-registered distinguishing name or names;
(c) the pesticide is not currently registered under this Act by reference to any State-registered distinguishing name;
(d) the registration of the pesticide has not been refused, and is not cancelled, under any State pesticides law;
(e) each type of container in which the pesticide is to be supplied in the Territory under a State-registered distinguishing name is, in relation to that name, registered or approved under a State pesticides law; and
(f) each type of label for containers in which the pesticide is to be supplied in the Territory under a State-registered distinguishing name is, in relation to that name, registered or approved under a State pesticides law;
the Registrar shall register the pesticide.
(2) In this section, “State-registered distinguishing name”, in relation to a pesticide, means a distinguishing name under which the pesticide is registered under a State pesticides law.