New South Wales Consolidated Acts

STOCK MEDICINES ACT 1989 - SECT 46

46 Supply and use bans and recall orders

(1) The Director-General may make an order under this section if the Director-General believes on reasonable grounds that the administration or application of a stock medicine or a stock medicine of a particular class:

(a) is likely to endanger the health of the public, consumers of food or produce derived from stock or persons administering or applying the stock medicine, or

(b) is likely to cause undue hazard to the environment, or

(c) is likely to make stock ill, or

(d) is likely to have an adverse effect on trade, or the promotion of trade, in stock or a product derived from stock, or

(e) is likely to impede the control or eradication of diseases or pests affecting stock, or

(f) is likely to impede the control or reduction of populations of pests, including bacterial organisms, that are resistant to stock medicines, or

(g) is inappropriate in a particular area because of local climatic or soil conditions.

Note: For orders under section 46-see item (5) of the Historical notes at the end of this Act.

(2) An order under this section may:

(a) prohibit or regulate the supply of the stock medicine or stock medicines of the class, or

(b) require any person who has supplied the stock medicine or stock medicines of the class to take such reasonable steps as are specified in the order to recover any such stock medicine from other persons to whom it has been supplied by the person, or

(c) prohibit or regulate the use of the stock medicine or stock medicines of that class by any person in relation to any specified species of animal, or

(d) provide for exemptions from the operation of the order.

(2A) Without affecting the generality of subsection (2), an order under this section made in relation to a specified stock medicine or a stock medicine of a specified class may make provision for or with respect to:

(a) the identification or marking of stock to indicate whether or not stock has been treated with the stock medicine, including the use of particular colours of tags required under the Stock Diseases Act 1923 , or

(b) the making and keeping of records relating to, and to the treatment given or not given by, the stock medicine, or

(c) the information or documentation required to accompany the stock medicine when sold, or to accompany stock when sold or consigned for sale, or

(d) the disposal of the stock medicine in accordance with requirements of the Director-General, or

(e) the holding of an authority for the purchase, sale or use of the stock medicine, the fixing of a fee for such an authority and the waiver of such a fee, or

(f) the prohibition of the use of the stock medicine for a particular purpose or for any purpose.

(3) An order under this section:

(a) is to be published in the Gazette and in some other manner that, in the opinion of the Director-General, is most likely to bring it to the attention of the persons who will be affected by it, and

(b) if it applies to a named person (whether or not it also applies in any respect generally or to a specified class of persons) is to be served on the named person, and

(c) may relate to a registered stock medicine or an unregistered stock medicine.

(5) Any such order takes effect:

(a) in so far as it applies to a named person, when it is served on the person, and

(b) in so far as it applies generally or to a specified class of persons, when it is published in the Gazette or on any later date specified in the order.

(6) A person must not, without reasonable excuse, contravene an order under this section.

Maximum penalty: 200 penalty units or, for an offence by a corporation, 400 penalty units.