New South Wales Consolidated Acts

STOCK (CHEMICAL RESIDUES) ACT 1975 - SECT 8

8 Notice for detention of chemically affected stock

(1) The Minister may, personally or by an authorised agent, give to a person who owns or is in charge of:

(a) particular stock which are chemically affected, or

(b) any stock which are on the same holding as chemically affected stock and which, in the opinion of the Minister, are likely to be chemically affected,

a notice (in a form approved by the Director-General) that requires that person, except as provided in section 9:

(c) to keep those stock at a specified place, and

(d) where any of those stock are not situated at the place specified in the notice at the time the notice is given, to move them to that place.

(2) A detention notice given by an inspector under section 7 shall be deemed to have been revoked in respect of any stock to which it relates that are subject to a detention notice given by the Minister under subsection (1).

(3) The Minister may, by a further notice given to a person to whom a detention notice has been given under subsection (1), revoke the detention notice or release any of the stock from being bound by it.

(3A) The Minister may give the further notice referred to in subsection (3) either personally or by an authorised agent, regardless of the manner in which the notice under subsection (1) was given.

(4) An inspector is an authorised agent for the purposes of this section but this subsection does not operate to prevent the Minister from appointing any other authorised agent.

(5) A person contravenes this section if:

(a) the person does not comply with the requirements of a detention notice given to the person under subsection (1), or

(b) the person moves stock that, to his or her knowledge, are subject to a detention notice given to some other person under subsection (1) from the place specified in the notice.

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