PESTICIDES ACT 1999 - SECT 38
Making of pesticide control order
PESTICIDES ACT 1999 - SECT 38
Making of pesticide control order
38 Making of pesticide control order
(1) The Environment Protection
Authority may make a pesticide control order.
Note : Section 43 (2) of the
Interpretation Act 1987 provides that if an Act confers a power on any person
or body to make an order (whether or not the order must be in writing), the
power includes power to amend or repeal any order made in the exercise of that
power.
(2) A pesticide control order may be made--
(a) for any purpose
relating to the protection of public health, property, the environment or
trade, or
(b) in order to implement a decision or policy of the APVMA in
relation to any pesticide.
(3) A pesticide control order has no effect unless
it is published in the Gazette.
(4) A pesticide control order takes effect on
and from the date specified in the order (being a date that is not earlier
than the date the order is published in the Gazette).
(5) The Environment
Protection Authority is to cause a pesticide control order to be published in
such manner as the Authority thinks appropriate.
(5A) A pesticide control
order may refer to or incorporate, with or without modification, a standard or
other document prepared or published by a body specified in the order, as in
force at a particular time or from time to time.
