AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) ACT 2004 - SECT 87 Directions by Chemicals Coordinator

AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) ACT 2004 - SECT 87

    (1)     The Chemicals Coordinator may give a person a written direction to take specified action, or to stop or not commence specified action, if the Chemicals Coordinator is satisfied on reasonable grounds that:

        (a)     an offence against this Act has been, is being or is about to be committed; or

        (b)     it is necessary to protect:

            (i)     the health of the general public or the users of a chemical product, fertiliser or stockfood or a class of chemical products, fertilisers or stockfoods;

            (ii)     the environment; or

            (iii)     domestic or export trade in agricultural produce.

    (2)     A person who contravenes a direction given under subsection (1) commits an offence.

Maximum penalty:     If the offender is a natural person – 200 penalty units.

    If the offender is a body corporate – 1 000 penalty units.

    (3)     An offence against subsection (2) is a regulatory offence.

    (4)     If a person contravenes a direction given under subsection (1):

        (a)     the Chemicals Coordinator may take the specified action or take the measures necessary and reasonable to ensure that the specified action is stopped or is not commenced; and

        (b)     the reasonable costs and expenses incurred by the Chemicals Coordinator in doing so are recoverable as a debt due to the Territory from the person.