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Queensland
AGRICULTURAL AND
VETERINARY CHEMICALS
(QUEENSLAND) BILL 1994
Queensland
AGRICULTURAL AND VETERINARY
CHEMICALS (QUEENSLAND) BILL 1994
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
4 Jervis Bay Territory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
PART 2--THE AGVET CODE, AND AGVET REGULATIONS,
OF THIS JURISDICTION
5 Application of Agvet Code in this jurisdiction . . . . . . . . . . . . . . . . . . . . . . . 10
6 Application of Agvet Regulations in this jurisdiction . . . . . . . . . . . . . . . . . . 10
7 Interpretation of Agvet Code and Agvet Regulations of this jurisdiction . . 10
8 Ancillary offences (aiding, abetting, accessories, attempts,
incitement or conspiracy) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PART 3--CITING THE AGVET CODES, AND AGVET
REGULATIONS, OF OTHER JURISDICTIONS
9 References to Agvet Codes and Agvet Regulations of other
jurisdictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
10 References to Agvet Codes and Agvet Regulations . . . . . . . . . . . . . . . . . . . 12
PART 4--APPLICATION OF AGVET CODES TO THE
COMMONWEALTH, STATES AND TERRITORIES
11 Agvet Code of this jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
12 Agvet Code of other jurisdictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
13 No liability to prosecution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
14 Overriding the prerogative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2
Agricultural and Veterinary Chemicals
(Queensland)
PART 5--APPLICATION OF COMMONWEALTH
ADMINISTRATIVE LAWS TO AGVET CODE AND AGVET
REGULATIONS OF THIS JURISDICTION
15 Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
16 Application of Commonwealth administrative laws in relation to
applicable provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
17 Functions and powers conferred on Commonwealth officers and
authorities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
18 Reference in Commonwealth administrative law to a provision of
another law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
PART 6--JURISDICTION OF COURTS
19 Jurisdiction of Federal Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
20 Exercise of jurisdiction under cross-vesting provisions . . . . . . . . . . . . . . . . . 15
PART 7--THE NATIONAL REGISTRATION AUTHORITY FOR
AGRICULTURAL AND VETERINARY CHEMICALS
21 Conferral of functions and powers on NRA . . . . . . . . . . . . . . . . . . . . . . . . . . 16
22 Agreements and arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
23 Conferral of other functions and powers for purposes of law in this
jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
24 Commonwealth Minister may give directions in exceptional
circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
PART 8--MISCELLANEOUS
25 Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
26 Manufacturing principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
27 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
28 Conferral of powers on State officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
29 Application of fees and taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
30 Documents or substances held by previous registering authority
may be given to NRA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
31 Section 30 has effect despite any other law . . . . . . . . . . . . . . . . . . . . . . . . . 19
32 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
33 Eligible laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
PART 9--IMPOSITION OF FEES AND TAXES
34 Fees (including taxes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
3
Agricultural and Veterinary Chemicals
(Queensland)
PART 10--CONFERRAL OF FUNCTIONS ON
COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS
35 Conferral of functions on Commonwealth Director of Public
Prosecutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
PART 11--TRANSITIONAL PROVISIONS
36 Transitional regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
PART 12--AMENDMENTS
37 Acts amended in Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 22
AMENDMENTS
CHEMICAL USAGE (AGRICULTURAL AND VETERINARY)
CONTROL ACT 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
AGRICULTURAL CHEMICALS DISTRIBUTION CONTROL
ACT 1966 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
1994
A BILL
FOR
An Act to apply certain Commonwealth laws about agricultural and
veterinary chemical products as Queensland laws, and for other
purposes
6
Agricultural and Veterinary Chemicals
(Queensland)
Parliament's reasons for enacting this Act are that it recognises that--
1. The protection of the health and safety of human beings, animals and
the environment is essential to the wellbeing of society and can be enhanced
by putting in place a system to regulate agricultural chemical products and
veterinary chemical products ("chemical products").
2. The principle of ecologically sustainable development requires a
regulatory system designed to ensure the use of chemical products today
will not impair the prospects of future generations.
3. The furthering of trade and commerce between Australia and places
outside Australia, and the present and future economic viability and
competitiveness of primary industry and a domestic industry for
manufacturing and formulating chemical products--
(a) are essential for the wellbeing of the economy; and
(b) require a system for regulating chemical products that is cost
effective, efficient, predictable, adaptive and responsive.
4. It is desirable to establish a regulatory system that is open and
accountable and gives opportunity for public input about the regulation of
chemical products.
5. The system should, as far as practicable, be uniform throughout
Australia.
6. Uniformity could best be achieved by the enactment of legislation by
the Commonwealth Parliament as a law for the government of the
Australian Capital Territory and the adoption of the legislation by the
Parliaments and legislatures of the States and the Northern Territory.
s1 7 s3
Agricultural and Veterinary Chemicals
(Queensland)
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
title 3
Short
1. This Act may be cited as the Agricultural and Veterinary Chemicals 4
(Queensland) Act 1994. 5
6
Commencement
2. This Act commences on a day to be fixed by proclamation. 7
8
Definitions
3. In this Act-- 9
"Agricultural and Veterinary Chemicals Act" means the Agricultural 10
and Veterinary Chemicals Act 1994 (Cwlth). 11
"Agricultural and Veterinary Chemicals (Administration) Act" means 12
the Agricultural and Veterinary Chemicals (Administration) Act 1992 13
(Cwlth). 14
"Agricultural and Veterinary Chemicals Code Act" means the 15
Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth). 16
"Agvet Code of Queensland" means the provisions applying because of 17
section 5. 18
"Agvet Regulations of Queensland" means the provisions applying 19
because of section 6. 20
"applicable provision" of a jurisdiction means a provision of-- 21
(a) the Agvet Code of the jurisdiction; or 22
(b) the Agvet Regulations of the jurisdiction; or 23
(c) a Commonwealth law that applies in the jurisdiction to a 24
s3 8 s3
Agricultural and Veterinary Chemicals
(Queensland)
provision of, or offence against, the Agvet Code or Agvet 1
Regulations of the jurisdiction. 2
"authority" of the Commonwealth has the meaning given by the 3
Agricultural and Veterinary Chemicals Act. 4
"Commonwealth administrative laws" means-- 5
(a) the following Commonwealth Acts-- 6
(i) the Administrative Appeals Tribunal Act 1975; 7
(ii) the Administrative Decisions (Judicial Review) Act 1977; 8
(iii) the Freedom of Information Act 1982; 9
(iv) the Ombudsman Act 1976; 10
(v) the Privacy Act 1988; and 11
(b) the regulations in force under the Acts. 12
"Commonwealth Minister" means `the Minister' within the meaning of 13
the Agvet Code of the participating Territories. 14
"corresponding Act" means an Act of another jurisdiction that 15
corresponds to this Act. 16
"corresponding law" means-- 17
(a) a corresponding Act; or 18
(b) regulations made under a corresponding Act; or 19
(c) the Agvet Code, Agvet Regulations, or another applicable 20
provision, of another jurisdiction; or 21
(d) rules of court made under a corresponding Act. 22
"instrument" means a document, including, for example-- 23
(a) an Act or instrument made under an Act; or 24
(b) a law of this jurisdiction or an instrument made under a law of 25
this jurisdiction; or 26
(c) an award or other industrial determination or order, or an 27
industrial agreement; or 28
(d) any other order (whether executive, judicial or otherwise); or 29
s4 9 s4
Agricultural and Veterinary Chemicals
(Queensland)
(e) a notice, certificate or licence; or 1
(f) an agreement; or 2
(g) an application made, information or complaint laid, affidavit 3
sworn, or warrant issued, for any purpose; or 4
(h) an indictment, presentment, summons or writ; or 5
(i) any other pleading in, or process issued about, a legal or other 6
proceeding. 7
"jurisdiction" means a State or the participating Territories. 8
"law" of a participating Territory means a law of, or in force in, the 9
Territory. 10
"NRA" means the National Registration Authority for Agricultural and 11
Veterinary Chemicals established by the Agricultural and Veterinary 12
Chemicals (Administration) Act. 13
"officer" of the Commonwealth has the meaning given by the Agricultural 14
and Veterinary Chemicals Act. 15
"participating Territory" means-- 16
(a) the Australian Capital Territory; or 17
(b) another Territory declared by regulations in force under section 25 18
of the Agricultural and Veterinary Chemicals Act to be a 19
participating Territory. 20
"State" includes the Northern Territory. 21
"Territory" does not include the Northern Territory of Australia, Norfolk 22
Island, the Territory of Christmas Island or the Territory of Cocos 23
(Keeling) Islands. 24
"this jurisdiction" means Queensland. 25
Bay Territory 26
Jervis
4. For the purposes of this Act, and Agvet Code and Agvet Regulations 27
of this jurisdiction, the Jervis Bay Territory is taken to be part of the 28
Australian Capital Territory. 29
s5 10 s7
Agricultural and Veterinary Chemicals
(Queensland)
PART 2--THE AGVET CODE, AND AGVET 1
REGULATIONS, OF THIS JURISDICTION 2
of Agvet Code in this jurisdiction 3
Application
5. The Code set out in the Schedule to the Agricultural and Veterinary 4
Chemicals Code Act-- 5
(a) applies as a law of Queensland; and 6
(b) may be cited as the Agvet Code of Queensland. 7
of Agvet Regulations in this jurisdiction 8
Application
6. The regulations in force under section 6 of the Agricultural and 9
Veterinary Chemicals Code Act-- 10
(a) apply as regulations in force for the purposes of the Agvet Code 11
of Queensland; and 12
(b) may be cited as the Agvet Regulations of Queensland. 13
of Agvet Code and Agvet Regulations of this 14
Interpretation
jurisdiction 15
7.(1) In the Agvet Code, and Agvet Regulations, of this jurisdiction-- 16
"Commonwealth Interpretation Act" means the Acts Interpretation Act 17
1901 (Cwlth). 18
"the Minister for this jurisdiction" means the Minister. 19
"this jurisdiction" means Queensland. 20
(2) Subject to Part 1 of the Agvet Code of this jurisdiction, the 21
Commonwealth Interpretation Act applies as a law of this jurisdiction to-- 22
(a) the Agvet Code, and Agvet Regulations, of this jurisdiction; and 23
(b) any instrument made, granted or issued under the Code or 24
Regulations. 25
(3) For the purposes of subsection (2), the Commonwealth Interpretation 26
s8 11 s8
Agricultural and Veterinary Chemicals
(Queensland)
Act applies as if-- 1
(a) the Agvet Code of this jurisdiction were a Commonwealth Act; 2
and 3
(b) the Agvet Regulations of this jurisdiction or instruments 4
mentioned in the subsection were regulations or instruments 5
made under a Commonwealth Act. 6
(4) The Acts Interpretation Act 1954 does not apply to-- 7
(a) the Agvet Code, or Agvet Regulations, of Queensland; or 8
(b) any instrument made, granted or issued under the Code or 9
Regulations. 10
offences (aiding, abetting, accessories, attempts, incitement 11
Ancillary
or conspiracy) 12
8.(1) In this section-- 13
"Commonwealth ancillary criminal laws" means-- 14
(a) section 5, 6, 7 or 7A of the Crimes Act 1914 (Cwlth); or 15
(b) section 86(1) of the Crimes Act 1914 (Cwlth) because of 16
paragraph (a) of that subsection. 17
(2) The Commonwealth ancillary criminal laws apply as laws of this 18
jurisdiction to an offence against the Agvet Code, or Agvet Regulations, of 19
this jurisdiction-- 20
(a) as if a reference in the laws to a law of the Commonwealth were a 21
reference to the Code or Regulations; and 22
(b) to the exclusion of laws of this jurisdiction to the same or a 23
similar effect. 24
(3) In the Agvet Code, or Agvet Regulations, of this jurisdiction, a 25
reference to an offence against the Code or Regulations includes a reference 26
to a related offence against the Commonwealth ancillary criminal laws. 27
s9 12 s 10
Agricultural and Veterinary Chemicals
(Queensland)
PART 3--CITING THE AGVET CODES, AND AGVET 1
REGULATIONS, OF OTHER JURISDICTIONS 2
to Agvet Codes and Agvet Regulations of other 3
References
jurisdictions 4
9.(1) This section has effect for the purposes of an Act, a law of this 5
jurisdiction or an instrument made under an Act or law of this jurisdiction. 6
(2) If a law of a jurisdiction other than this jurisdiction provides that the 7
Code set out in the Schedule to the Agricultural and Veterinary Chemicals 8
Code Act as in force for the time being applies as a law of the jurisdiction, 9
the Agvet Code of the jurisdiction is the Agvet Code so set out, applying as 10
a law of the jurisdiction. 11
(3) If a law of a jurisdiction other than this jurisdiction provides that the 12
regulations in force for the time being under section 6 of the Agricultural 13
and Veterinary Chemicals Code Act apply as regulations in force for the 14
purposes of the Agvet Code of the jurisdiction, the Agvet Regulations of the 15
jurisdiction are the regulations so applying. 16
to Agvet Codes and Agvet Regulations 17
References
10.(1) The object of this section is to help ensure the Agvet Code of this 18
jurisdiction can operate, in appropriate circumstances, as if the Code, 19
together with the Agvet Code of each other jurisdiction, made up a single 20
national Agvet Code applying throughout Australia. 21
(2) A reference in an instrument to the Agvet Codes, or Agvet 22
Regulations, is taken, for the purposes of the laws of this jurisdiction-- 23
(a) to be a reference to the Agvet Code, or Agvet Regulations, of this 24
jurisdiction; and 25
(b) to include a separate reference to the Agvet Code, or Agvet 26
Regulations, of each other jurisdiction. 27
(3) Subsection (2) has effect except so far as the contrary intention 28
appears in the instrument or the context of the reference otherwise requires. 29
s 11 13 s 15
Agricultural and Veterinary Chemicals
(Queensland)
ART 4--APPLICATION OF AGVET CODES TO THE 1
P
COMMONWEALTH, STATES AND TERRITORIES 2
Code of this jurisdiction 3
Agvet
11. The Agvet Code of this jurisdiction binds the State and, so far as the 4
legislative power of the Parliament permits, the Commonwealth, the other 5
States and the Territories. 6
Code of other jurisdictions 7
Agvet
12. The Agvet Code of each jurisdiction other than this jurisdiction binds 8
the State. 9
liability to prosecution 10
No
13. Nothing in this Part, or the Agvet Code of this jurisdiction, makes the 11
Commonwealth or a State or Territory liable to be prosecuted for an 12
offence. 13
the prerogative 14
Overriding
14. If, because of this Part, a provision of the law of another jurisdiction 15
binds the State, the State is subject to the provision despite any prerogative 16
right or privilege. 17
PART 5--APPLICATION OF COMMONWEALTH 18
ADMINISTRATIVE LAWS TO AGVET CODE AND 19
AGVET REGULATIONS OF THIS JURISDICTION 20
21
Object
15. The object of this Part is to help ensure the Agvet Code of this 22
s 16 14 s 17
Agricultural and Veterinary Chemicals
(Queensland)
jurisdiction and the Agvet Code of each other jurisdiction are administered 1
on a uniform basis. 2
of Commonwealth administrative laws in relation to 3
Application
applicable provisions 4
16.(1) The Commonwealth administrative laws apply as laws of this 5
jurisdiction to any matter arising in relation to the applicable provisions of 6
this jurisdiction as if the provisions were Commonwealth laws and were not 7
laws of this jurisdiction. 8
(2) The provisions of the Agvet Code of this jurisdiction that require the 9
NRA to give brief particulars of reasons for decisions do not affect the 10
obligations of the NRA under section 28 of the Administrative Appeals 11
Tribunal Act 1975 (Cwlth), or section 13 of the Administrative Decisions 12
(Judicial Review) Act 1977 (Cwlth), as the section applies as a law of this 13
jurisdiction under subsection (1) of this section. 14
(3) The provisions of the Agvet Code of this jurisdiction about the 15
disclosure of confidential commercial information do not affect the 16
operation of the Freedom of Information Act 1982 (Cwlth) as the Act 17
applies as a law of this jurisdiction under subsection (1) of this section. 18
(4) For the purposes of a law of this jurisdiction, a matter arising in 19
relation to the applicable provisions of this jurisdiction-- 20
(a) is taken to be a matter arising in relation to Commonwealth laws 21
in the same way as if the provisions were Commonwealth laws; 22
and 23
(b) is taken not to be a matter arising in relation to laws of this 24
jurisdiction. 25
(5) Subsection (4) has effect for the purposes of a law of this jurisdiction 26
except as prescribed by regulations under section 32. 27
and powers conferred on Commonwealth officers and 28
Functions
authorities. 29
17.(1) A Commonwealth administrative law applying because of 30
section 16 that confers on a Commonwealth officer or authority a function 31
s 18 15 s 20
Agricultural and Veterinary Chemicals
(Queensland)
or power also confers on the officer or authority the same function or power 1
in relation to a matter arising in relation to an applicable provision of this 2
jurisdiction. 3
(2) In performing a function or exercising a power conferred by 4
subsection (1), the Commonwealth officer or authority must act as nearly as 5
practicable as the officer or authority would act in performing or exercising 6
the same function or power under the Commonwealth administrative law. 7
in Commonwealth administrative law to a provision of 8
Reference
another law 9
18. For the purposes of section 16, a reference in a Commonwealth 10
administrative law to a provision of that or another Commonwealth 11
administrative law is taken to be a reference to the provision as applying 12
because of the section. 13
ART 6--JURISDICTION OF COURTS 14
P
of Federal Court 15
Jurisdiction
19.(1) Jurisdiction is conferred on the Federal Court of Australia for all 16
civil matters arising under the applicable provisions of this jurisdiction. 17
(2) This section does not affect the jurisdiction of the courts of this 18
jurisdiction. 19
of jurisdiction under cross-vesting provisions 20
Exercise
20. This Act does not affect the operation of a provision of a law of this 21
jurisdiction about cross-vesting of jurisdiction. 22
s 21 16 s 23
Agricultural and Veterinary Chemicals
(Queensland)
ART 7--THE NATIONAL REGISTRATION 1
P
AUTHORITY FOR AGRICULTURAL AND 2
VETERINARY CHEMICALS 3
of functions and powers on NRA 4
Conferral
21.(1) The NRA has the functions and powers conferred or expressed to 5
be conferred on it under this Act or the Agvet Code of this jurisdiction. 6
(2) Besides the powers mentioned in subsection (1), the NRA may do all 7
things necessary or convenient to be done in performing its functions and, 8
in particular, may-- 9
(a) enter into contracts; and 10
(b) acquire, hold and dispose of real and personal property; and 11
(c) occupy, use and control any land or building owned or held under 12
lease by the Commonwealth, a State or a Territory and made 13
available for the purposes of the NRA; and 14
(d) appoint agents and attorneys, and act as agent for other persons; 15
and 16
(e) do anything incidental to any of its powers. 17
and arrangements 18
Agreements
22.(1) The Minister, or a person authorised in writing by the Minister, 19
may enter into an agreement or arrangement with the Commonwealth 20
Minister for the performance of functions or the exercise of powers by the 21
NRA as an agent of the State. 22
(2) The NRA has the functions and powers mentioned in the agreement 23
or arrangement. 24
of other functions and powers for purposes of law in this 25
Conferral
jurisdiction 26
23. The NRA may do acts in this jurisdiction in the performance or 27
exercise of any function or power-- 28
s 24 17 s 26
Agricultural and Veterinary Chemicals
(Queensland)
(a) expressed to be conferred on it by a law of a jurisdiction (other 1
than this jurisdiction) that corresponds to this Act or the Agvet 2
Code of this jurisdiction; or 3
(b) mentioned in an agreement or arrangement made under a 4
provision of an Act of a jurisdiction other than this jurisdiction 5
corresponding to section 22. 6
Minister may give directions in exceptional 7
Commonwealth
circumstances 8
24. The power of the Commonwealth Minister to give directions to the 9
NRA under section 10 of the Agricultural and Veterinary Chemicals 10
(Administration) Act extends to giving directions about functions and 11
powers of the NRA conferred under the applicable provisions of this 12
jurisdiction, and the section applies accordingly. 13
PART 8--MISCELLANEOUS 14
15
Orders
25. Orders in force for the time being under section 7 of the Agricultural 16
and Veterinary Chemicals Code Act have the same effect for the purposes 17
of the Agvet Code of this jurisdiction as they would have if they were 18
provisions of the Agvet Regulations of this jurisdiction. 19
principles 20
Manufacturing
26. Subject to the Agvet Code, and Agvet Regulations, of this 21
jurisdiction, the manufacturing principles in force for the time being under 22
section 23 of the Agricultural and Veterinary Chemicals Act also have effect 23
for the purposes of Part 8 of the Code. 24
s 27 18 s 30
Agricultural and Veterinary Chemicals
(Queensland)
1
Delegation
27. The power of delegation of the Commonwealth Minister under 2
section 71 of the Agricultural and Veterinary Chemicals (Administration) 3
Act extends to the powers expressed to be conferred on the Commonwealth 4
Minister under this Act or the Agvet Code of this jurisdiction, and the 5
section applies accordingly. 6
of powers on State officers 7
Conferral
28.(1) This section applies if an officer of a department, administrative 8
unit or authority is authorised, under section 69F of the Agricultural and 9
Veterinary Chemicals (Administration) Act, by the Chief Executive Officer 10
of the NRA to exercise the powers or perform the functions of an inspector 11
for the purposes of a particular relevant law. 12
(2) The powers and functions are conferred on the officer. 13
(3) The powers and functions are to be exercised or performed under the 14
authorisation but are taken to have been validly exercised or performed 15
despite any failure to comply with a condition or restriction of the 16
authorisation. 17
(4) Words and expressions used in this section have the same meanings 18
as they have in section 69F of the Agricultural and Veterinary Chemicals 19
(Administration) Act. 20
of fees and taxes 21
Application
29. All fees, taxes and other amounts (other than penalties and fines) that, 22
under the applicable provisions of this jurisdiction, are authorised or directed 23
to be payable by or imposed on a person must be paid to the 24
Commonwealth. 25
or substances held by previous registering authority may 26
Documents
be given to NRA 27
30. An authority of this jurisdiction that, immediately before the 28
commencement of this section, performed functions under a provision of 29
the law of this jurisdiction that corresponded to a provision of the Agvet 30
s 31 19 s 34
Agricultural and Veterinary Chemicals
(Queensland)
Code of this jurisdiction may give to the NRA documents or substances in 1
its possession or custody that were received by it in the performance of the 2
functions or otherwise relate to the performance of the functions. 3
30 has effect despite any other law 4
Section
31. Section 30 has effect despite any other law of this jurisdiction, 5
including, for example, the Libraries and Archives Act 1988. 6
7
Regulations
32. The Governor in Council may make regulations under this Act. 8
laws 9
Eligible
33. A regulation may declare any law, or provision of a law, to be an 10
eligible law for the purposes of the definition "permit" in section 109 of the 11
Agvet Code of this jurisdiction. 12
ART 9--IMPOSITION OF FEES AND TAXES 13
P
(including taxes) 14
Fees
34. This section imposes the fees (including fees that are taxes) that the 15
Agvet Regulations of this jurisdiction prescribe. 16
s 35 20 s 35
Agricultural and Veterinary Chemicals
(Queensland)
PART 10--CONFERRAL OF FUNCTIONS ON 1
COMMONWEALTH DIRECTOR OF PUBLIC 2
PROSECUTIONS 3
of functions on Commonwealth Director of Public 4
Conferral
Prosecutions 5
35. The Commonwealth Director of Public Prosecutions (the 6
"Commonwealth Director") may-- 7
(a) start prosecutions on indictment for indictable offences against the 8
Agvet Code, or Agvet Regulations, of this jurisdiction; and 9
(b) carry on prosecutions of the kind mentioned in paragraph (a) 10
(other than prosecutions started by the Attorney-General or the 11
Director of Prosecutions), whether or not started by the 12
Commonwealth Director; and 13
(c) if the Attorney-General or Director of Prosecutions asks the 14
Commonwealth Director in writing to carry on a prosecution of 15
the kind mentioned in paragraph (a) that was started by the 16
Attorney-General or Director of Prosecutions--carry on the 17
prosecution; and 18
(d) start proceedings for the commitment of persons for trial for 19
indictable offences against the Agvet Code, or Agvet Regulations, 20
of this jurisdiction; and 21
(e) start proceedings for the summary conviction of persons for 22
offences against the Agvet Code, or Agvet Regulations, of this 23
jurisdiction; and 24
(f) carry on proceedings of a kind mentioned in paragraph (d) or (e) 25
(whether or not started by the Commonwealth Director); and 26
(g) do anything incidental or conducive to the performance of any of 27
the functions mentioned in paragraphs (a) to (f). 28
s 36 21 s 37
Agricultural and Veterinary Chemicals
(Queensland)
ART 11--TRANSITIONAL PROVISIONS 1
P
regulations 2
Transitional
36.(1) A regulation may make provision about any matter of a savings or 3
transitional nature for which-- 4
(a) it is necessary or convenient to make provision because of the 5
enactment of this Act; and 6
(b) this Act does not make provision or adequate provision. 7
(2) A regulation under subsection (1) may be given retrospective 8
operation to a date not earlier than the commencement of this section. 9
(3) This Part expires 1 year after it commences. 10
PART 12--AMENDMENTS 11
amended in Schedule 12
Acts
37. The Schedule amends the Acts mentioned in it. 13
14
22
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE 1
¡
AMENDMENTS 2
section 37 3
CHEMICAL USAGE (AGRICULTURAL AND 4
´
VETERINARY) CONTROL ACT 1988 5
1. Section 4, heading-- 6
omit, insert-- 7
`Definitions'. 8
2. Section 4(1), definitions "Board", "chemical", "disease", 9
"inspector", "label", "manufactured stock food", "registered", 10
"standards officer", "stock" and "wholesale dealer"-- 11
omit. 12
3. Section 4(1)-- 13
insert-- 14
`"Agvet Code" means the provisions applying because of section 5 of the 15
Agricultural and Veterinary Chemicals (Queensland) Act 1994. 16
"approved label" has the meaning given by the Agvet Code. 17
"authorised veterinary purpose" see section 8C. 18
"chemical" means-- 19
(a) a chemical product; or 20
(b) another substance prescribed by regulation to be a chemical. 21
"chemical product" has the meaning given by the Agvet Code. 22
23
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
"container" has the meaning given by the Agvet Code. 1
"crop" has the meaning given under the Standards Act. 2
"disease" has the meaning given under the Standards Act. 3
"executive officer" of a corporation means a person who-- 4
(a) is a member of the corporation's governing body; or 5
(b) is concerned with, or takes part in, the corporation's management; 6
whatever the person's position is called and whether or not the person 7
is a director of the corporation. 8
"inspector" means an inspector appointed under this Act, and includes the 9
standards officer and a deputy standards officer. 10
"instruction" has the meaning given by the Agvet Code. 11
"label" has the meaning given by the Agvet Code. 12
"manufactured stock food" has the meaning given under the Standards 13
Act. 14
"National Registration Authority" means the National Registration 15
Authority for Agricultural and Veterinary Chemicals established by the 16
Agricultural and Veterinary Chemicals (Administration) Act 1992 17
(Cwlth). 18
"obstruct" includes hinder, resist and attempt to obstruct. 19
"officer" means-- 20
(a) the standards officer or a deputy standards officer; or 21
(b) an inspector; or 22
(c) an analyst. 23
"permit" has the meaning given by the Agvet Code. 24
"primary dealer" of a chemical means the person responsible for placing 25
the chemical on the market in Queensland (whether as manufacturer, 26
importer, distributor, seller, agent or in another capacity). 27
"registered chemical product" has the meaning given by the Agvet Code. 28
24
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
"representative" of a person means-- 1
(a) if the person is a corporation--an executive officer, employee or 2
agent of the corporation; or 3
(b) if the person is an individual--an employee or agent of the 4
individual. 5
"Standards Act" means the Agricultural Standards Act 1994. 6
"stock" has the meaning given under the Standards Act. 7
"unregistered chemical" means a chemical that is not a registered chemical 8
product. 9
"veterinary surgeon" means a person registered as a veterinary surgeon 10
under the Veterinary Surgeons Act 1936.'. 11
4. Section 4(2)-- 12
omit. 13
5. After section 4-- 14
insert-- 15
`Words and expressions used in Agvet Code and this Act 16
`4A. Words and expressions used in the Agvet Code and this Act have 17
the same meanings in this Act as they have in the Agvet Code. 18
`Appointment of standards officers 19
`4B. A standards officer and deputy standards officers may be appointed 20
under the Public Service Management and Employment Act 1988. 21
`Powers and functions of standards officers 22
`4C.(1) The standards officer has the functions and powers given to the 23
officer under this or another Act. 24
25
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
`(2) A deputy standards officer has the functions and powers given to the 1
officer under this Act or by the standards officer. 2
`Delegation by standards officer 3
`4D. The standards officer may delegate to a deputy standards officer or 4
another officer of the department the standards officer's powers under this 5
or another Act, including any powers delegated to the standards officer 6
under this or another Act.'. 7
6. Section 5-- 8
omit, insert-- 9
`Appointment of inspectors and analysts 10
`5.(1) The chief executive may appoint officers of the department as 11
inspectors and analysts for this Act. 12
`(2) The chief executive may appoint a person as an inspector only if-- 13
(a) in the chief executive's opinion, the person has the necessary 14
expertise or experience to be an inspector; or 15
(b) the person has satisfactorily finished training approved by the 16
chief executive. 17
`(3) In this section-- 18
"inspector" does not include the standards officer or a deputy standards 19
officer. 20
`Limitation of inspector's powers 21
`5A. The powers of an inspector may be limited-- 22
(a) under a regulation; or 23
(b) under a condition of appointment; or 24
(c) by written notice of the chief executive given to the inspector. 25
26
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
`Inspector's identity card 1
`5B.(1) The chief executive must give each inspector an identity card. 2
`(2) The identity card must-- 3
(a) contain a recent photograph of the inspector; and 4
(b) be signed by the inspector; and 5
(c) identify the person as an inspector under this Act. 6
`(3) A person who ceases to be an inspector must return the person's 7
identity card to the chief executive as soon as practicable (but within 8
21 days) after the person ceases to be an inspector, unless the person has a 9
reasonable excuse for not returning it. 10
Maximum penalty--10 penalty units. 11
`(4) This section does not prevent the giving of a single identity card to a 12
person under this Act and for other Acts or purposes. 13
`Production or display of inspector's identity card 14
`5C.(1) An inspector may exercise a power under this Act in relation to 15
someone else only if the inspector-- 16
(a) first produces his or her identity card for the person's inspection; 17
or 18
(b) has the identity card displayed so it is clearly visible to the person. 19
`(2) However, if for any reason it is not practicable to comply with 20
subsection (1), the inspector must produce the identity card for the person's 21
inspection at the first reasonable opportunity.'. 22
7. Section 7-- 23
omit. 24
27
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
8. Section 8-- 1
omit, insert-- 2
`Use of unregistered chemical products 3
`8.(1) A person must not use a chemical product unless it is a registered 4
chemical product. 5
Maximum penalty--40 penalty units. 6
`(2) Subsection (1) does not apply if-- 7
(a) the use of the product by the person is authorised by a permit; or 8
(b) the product is a product declared by regulation to be an exempt 9
chemical product; or 10
(c) the product is used for an authorised veterinary purpose. 11
`(3) In a prosecution for an offence against subsection (1), it is a defence 12
for the defendant to prove-- 13
(a) the product was a registered chemical product at some time in the 14
2 years immediately before its use by the defendant; and 15
(b) the product's registration ended under section 47(2) or (3) of the 16
Agvet Code; and 17
(c) the defendant's use of the product did not contravene an 18
instruction that appeared on the approved label for containers for 19
the product immediately before the product's registration ended; 20
and 21
(d) the label was attached to the product's container immediately 22
before the product was taken from the container. 23
`(4) This section is an eligible law for the definition "permit" in 24
section 109 of the Agvet Code. 25
`(5) In a prosecution for an offence against subsection (1), it is a defence 26
for the defendant to prove-- 27
(a) the product was registered under the Agricultural Standards 28
Act 1952 at some time in the 2 years immediately before the 29
28
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
commencement of this subsection; and 1
(b) the product was withdrawn from sale before its use by the 2
defendant or its registration had expired; and 3
(c) the defendant's use of the product did not contravene an 4
instruction that appeared on the label for containers for the product 5
immediately before it was withdrawn from sale; and 6
(d) the label was attached to the product's container immediately 7
before the product was taken from the container. 8
`(6) Subsection (5) and this subsection expire 2 years after the 9
commencement. 10
`Use of registered chemical products in contravention of labels 11
`8A.(1) A person must not use a registered chemical product in a way 12
that contravenes an instruction on the approved label for containers for the 13
product. 14
Maximum penalty--40 penalty units. 15
`(2) Subsection (1) does not apply if-- 16
(a) the use of the product by the person in the particular way is 17
authorised by a permit; or 18
(b) the product is used for an authorised veterinary purpose; or 19
(c) the use of the product is permitted under the regulations. 20
`(3) Section 8D (Compliance with instructions) applies to subsection (1). 21
`(4) This section is an eligible law for the definition "permit" in 22
section 109 of the Agvet Code. 23
`Use of registered chemical products taken from unlabelled containers 24
`8B.(1) A person must not use a registered chemical product taken from 25
a container-- 26
(a) unless the approved label for containers for the product was 27
29
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
attached to the container immediately before the product was 1
taken from the container; or 2
(b) unless-- 3
(i) the product was put in the container in preparing the product 4
for use after having been taken from another container (the 5
"original container"); and 6
(ii) the approved label for containers for the product was 7
attached to the original container immediately before the 8
product was taken from the original container. 9
Maximum penalty--40 penalty units. 10
`(2) Subsection (1) does not apply if the product is used for an authorised 11
veterinary purpose. 12
`Use of chemical products for authorised veterinary purpose 13
`8C. For the purposes of sections 8(2)(c), 8A(2)(b) and 8B(2), a 14
chemical product is used for an authorised veterinary purpose if it is used-- 15
(a) by a veterinary surgeon, or someone else under directions given 16
by a veterinary surgeon, in carrying on the veterinary surgeon's 17
practice; and 18
(b) in a way that complies with any conditions prescribed by 19
regulation. 20
`Compliance with instructions 21
`8D.(1) This section applies to section 8A (Use of registered chemical 22
products in contravention of labels). 23
`(2) A person does not contravene an instruction by using a chemical 24
product at a concentration less than the concentration stated, unless the 25
instruction states the product must be used at a stated concentration or a 26
concentration not less than the concentration stated. 27
`(3) A person does not contravene an instruction by using a chemical 28
30
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
product (whether or not diluted) at a rate lower than the rate stated, unless 1
the instruction states the product must be used at a rate not lower than the 2
rate stated. 3
`(4) A person does not contravene an instruction by using a chemical 4
product more than once for the same plant or stock, with the period between 5
a use and the next being longer than the period stated, unless the instruction 6
states that the period must not be longer than the period stated. 7
`(5) A person does not contravene an instruction about the use of a 8
chemical product to control a disease in a plant or stock by using the product 9
to control another disease in the plant or stock, unless the instruction states 10
the product must not be used to control the other disease or for a use other 11
than the stated use. 12
`(6) A person does not contravene an instruction about the use of a 13
chemical product to destroy, or prevent the spread of, a plant in relation to a 14
crop by using the product to destroy, or prevent the spread of, another plant 15
in relation to the same crop, unless the instruction states the product must 16
not be used to destroy, or prevent the spread of, the other plant in relation to 17
the crop or for a use other than the stated use. 18
`(7) A person does not contravene an instruction by using a chemical 19
product in a way that is different from the way stated, unless the instruction 20
states the way must not be used. 21
`(8) A person does not contravene an instruction by mixing a chemical 22
product with another chemical product or a fertiliser or other substance, 23
unless the instruction states the chemical product must not be mixed with-- 24
(a) the other chemical product or the fertiliser or other substance; or 25
(b) another chemical product or any fertiliser or other substance. 26
`Use of controlled chemicals 27
`8E.(1) A regulation may-- 28
(a) declare an unregistered chemical to be a controlled chemical (the 29
"controlled chemical"); and 30
31
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
(b) set conditions for use of the chemical. 1
`(2) A person must not use a controlled chemical in a way that 2
contravenes a condition for use of the chemical. 3
Maximum penalty for subsection (2)--40 penalty units.'. 4
9. Section 11-- 5
omit, insert-- 6
`Claims inconsistent with labels 7
`11.(1) This section applies to a claim-- 8
(a) about a registered chemical product, or a chemical product 9
containing a registered chemical product; and 10
(b) inconsistent with an instruction on an approved label for 11
containers for the registered chemical product. 12
`(2) For the purposes of section 84(2) of the Agvet Code-- 13
(a) the standards officer or a deputy standards officer, or a person 14
acting under the direction of either officer, may make a claim 15
under this Act; and 16
(b) an officer of the public service or another employee of the State 17
may make a claim in the course of the person's employment by 18
the State; and 19
(c) a person prescribed by regulation may make a claim in the 20
circumstances prescribed by regulation. 21
`(3) Subsection (2) applies only if the claim is made honestly and without 22
negligence. 23
`Claims about unregistered chemicals 24
`11A.(1) A person must not make a claim about the use of an 25
unregistered chemical. 26
Maximum penalty--40 penalty units. 27
32
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
`(2) Subsection (1) does not apply if-- 1
(a) the use of the unregistered chemical is authorised by a permit; or 2
(b) the unregistered chemical is used for an authorised veterinary 3
purpose. 4
`(3) Subsection (1) also does not apply to the making or reporting of a 5
statement about the unregistered chemical if the statement-- 6
(a) is made-- 7
(i) in a scientific paper or other scientific literature; or 8
(ii) in a scientific report or presentation; or 9
(iii) at a conference or seminar, or in an address, meeting or 10
discussion, about chemical products; 11
and is based on data published in a reputable scientific refereed 12
journal or of a standard publishable in a reputable scientific 13
refereed journal; or 14
(b) is made on radio or television, or in a newspaper, journal or 15
newsletter, as fair comment on any material-- 16
(i) published for the purposes of a conference or seminar; and 17
(ii) based on data mentioned in paragraph (a).'. 18
10. Section 12(1)-- 19
insert-- 20
`Maximum penalty--40 penalty units.'. 21
11. Section 13-- 22
omit, insert-- 23
`Governor in Council may proscribe chemicals 24
`13.(1) This section applies if the chief executive is satisfied, on 25
reasonable grounds, that it is in the public interest to proscribe a chemical 26
33
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
having regard to the harm that may be caused by the use of the chemical to 1
any property, human or animal life, the environment or the State's trade 2
whether within Australia or overseas. 3
`(2) If this section applies, a regulation may proscribe a chemical.'. 4
12. Section 14(1), `Minister'-- 5
omit, insert-- 6
`chief executive'. 7
13. Section 14(1), `wholesale dealer'-- 8
omit, insert-- 9
`primary dealer'. 10
14. Section 14(3)-- 11
renumber as section 14(4). 12
15. Section 14-- 13
insert-- 14
`(3) A person must not contravene a notice under subsection (1), unless 15
the person has a reasonable excuse for the contravention. 16
Maximum penalty--100 penalty units.'. 17
16. Section 15-- 18
insert-- 19
`Maximum penalty--40 penalty units.'. 20
34
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
17. Section 16(6)-- 1
renumber as section 16(7). 2
18. Section 16-- 3
insert-- 4
`(6) A person must not contravene a notice under subsection (1) or (2), 5
unless the person has a reasonable excuse for the contravention. 6
Maximum penalty--100 penalty units.'. 7
19. Section 18, heading, `Minister'-- 8
omit, insert-- 9
`chief executive'. 10
20. Section 18(1), `Minister'-- 11
omit, insert-- 12
`chief executive'. 13
21. Section 18(2)-- 14
insert-- 15
`Maximum penalty for subsection (2)--40 penalty units.'. 16
22. Section 20(2)-- 17
insert-- 18
`Maximum penalty--40 penalty units.'. 19
35
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
23. Section 22-- 1
omit, insert-- 2
`Right of appeal to Magistrates Court 3
`22.(1) This section applies to the following decisions-- 4
(a) a direction contained in a notice under section 16; 5
(b) a decision of an inspector to refuse an application under 6
section 17; 7
(c) a decision of an inspector to seize a thing under section 20. 8
`(2) A person who is dissatisfied with the decision may appeal against it. 9
`(3) The appeal may be made to the Magistrates Court nearest the place 10
where the appellant resides, is employed or carries on business. 11
`How to start appeal 12
`22A.(1) An appeal is started by filing a written notice of appeal with the 13
clerk of the court of the Magistrates Court. 14
`(2) A copy of the notice must be served on the decision maker. 15
`(3) The notice of appeal must be filed within 28 days after the appellant 16
receives notice of the decision appealed against. 17
`(4) However, the Court may extend the period for filing the notice of 18
appeal at any time. 19
`(5) The notice of appeal must state the grounds of the appeal. 20
`Stay of operation of decisions 21
`22B.(1) The Court may grant a stay of a decision appealed against to 22
secure the effectiveness of the appeal. 23
`(2) A stay-- 24
(a) may be granted on conditions the Court considers appropriate; 25
and 26
36
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
(b) operates for the period stated by the Court; and 1
(c) may be revoked or amended by the Court. 2
`(3) The period of a stay stated by the Court must not extend past the 3
time when the Court decides the appeal. 4
`(4) An appeal against a decision affects the decision, or carrying out the 5
decision, only if the decision is stayed. 6
`Hearing procedures 7
`22C.(1) The power under the Magistrates Courts Act 1921 to make 8
rules for Magistrates Courts includes power to make rules for appeals to 9
Magistrates Courts under this Act. 10
`(2) The procedure for an appeal to a Magistrates Court under this Act is 11
to be in accordance with-- 12
(a) the rules made under the Magistrates Courts Act 1921; or 13
(b) in the absence of relevant rules, directions of the Court. 14
`(3) An appeal is to be by way of rehearing, unaffected by the decision 15
maker's decision. 16
`(4) In deciding an appeal, the Court-- 17
(a) has the same powers as the decision maker; and 18
(b) is not bound by the rules of evidence; and 19
(c) must observe natural justice; and 20
(d) may hear the appeal in court or chambers. 21
`Powers of Court on appeal 22
`22D.(1) In deciding an appeal, the Court may-- 23
(a) confirm the decision appealed against; or 24
(b) set aside the decision and substitute another decision; or 25
(c) set aside the decision and return the issue to the decision maker 26
37
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
with directions the Court considers appropriate. 1
`(2) If the Court substitutes another decision, the substituted decision is, 2
for the purposes of this Act, taken to be the decision maker's decision. 3
`Appeal to District Court 4
`22E. A party dissatisfied by the decision of the Court may appeal to a 5
District Court, but only on a question of law.'. 6
24. Section 23-- 7
omit. 8
25. Section 24-- 9
omit, insert-- 10
`Production of records 11
`24.(1) An inspector may ask a person to produce for inspection a record 12
made or kept by the person under this Act. 13
`(2) The person must immediately produce the record for inspection by 14
the inspector, unless the person has a reasonable excuse. 15
Maximum penalty--40 penalty units. 16
`(3) The inspector may keep the record to make a copy of it. 17
`(4) However, the inspector must return the record to the person as soon 18
as practicable after making a copy of it.'. 19
26. Section 25-- 20
insert-- 21
`Maximum penalty--40 penalty units.'. 22
38
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
27. Section 26-- 1
insert-- 2
`Maximum penalty--40 penalty units.'. 3
28. Section 28-- 4
omit, insert-- 5
`Prosecutions generally 6
`28.(1) An offence against this Act is a summary offence. 7
`(2) A proceeding for an offence against this Act must start-- 8
(a) within 1 year after the offence is committed; 9
(b) within 1 year after the offence comes to the complainant's 10
knowledge, but within 2 years after the offence is committed. 11
`(3) The summons in a proceeding in which a report of the result of an 12
analysis is to be used for the complainant is not returnable for at least 7 days 13
after it is served. 14
`(4) A copy of the report must be served with the summons.'. 15
29. Section 30-- 16
omit, insert-- 17
`Responsibility for acts or omissions of representatives 18
`30.(1) If, in a proceeding for an offence against this Act, it is relevant to 19
prove a person's state of mind about a particular act or omission, it is 20
enough to show-- 21
(a) the act or omission was done or omitted to be done by a 22
representative of the person within the scope of the 23
representative's actual or apparent authority; and 24
(b) the representative had the state of mind. 25
`(2) An act or omission done or omitted to be done for a person by a 26
39
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
representative of the person within the scope of the representative's actual or 1
apparent authority is taken, in a proceeding for an offence against this Act, 2
to have been done or omitted to be done also by the person, unless the 3
person proves the person took all reasonable steps to prevent the act or 4
omission. 5
`(3) If-- 6
(a) an individual is convicted of an offence against this Act; and 7
(b) the individual would not have been convicted of the offence if 8
subsections (1) and (2) had not been enacted; 9
the individual is not liable to be punished by imprisonment for the offence. 10
`Executive officers must ensure corporation complies with Act 11
`30A.(1) The executive officers of a corporation must ensure that the 12
corporation complies with this Act. 13
`(2) If a corporation commits an offence against a provision of this Act, 14
each of the executive officers of the corporation also commits an offence, 15
namely, the offence of failing to ensure the corporation complies with this 16
Act. 17
Maximum penalty--the penalty for the contravention of the provision by an 18
individual. 19
`(3) Evidence that the corporation committed an offence against this Act 20
is evidence that each of the executive officers committed the offence of 21
failing to ensure that the corporation complies with this Act. 22
`(4) However, it is a defence for an executive officer to prove-- 23
(a) if the officer was in a position to influence the conduct of the 24
corporation in relation to the offence--the officer took all 25
reasonable steps to ensure the corporation complied with the 26
provision; or 27
(b) the officer was not in a position to influence the conduct of the 28
corporation in relation to the offence.'. 29
40
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
30. Section 31-- 1
omit, insert-- 2
`Protection from liability 3
`31.(1) In this section-- 4
"official" means the chief executive or an officer. 5
`(2) An official does not incur civil liability for an act done, or omission 6
made, honestly and without negligence under this Act. 7
`(3) If subsection (2) prevents a civil liability attaching to an official, the 8
liability attaches instead to the State.'. 9
31. Section 34(b)-- 10
omit, insert-- 11
`(b) a certificate purporting to be signed by the standards officer and 12
stating any of the following matters is evidence of the matter-- 13
(i) on a stated day, or during a stated period, a chemical product 14
mentioned in the certificate was or was not a registered 15
chemical product; 16
(ii) on a stated day, or during a stated period, a chemical 17
mentioned in the certificate was a controlled or unregistered 18
chemical; 19
(iii) on a stated day, or during a stated period, a label mentioned 20
in the certificate was or was not an approved label for 21
containers for a chemical product; 22
(iv) on a stated day, or during a stated period, a permit mentioned 23
in the certificate was or was not in force; 24
(v) a statement mentioned in the certificate is identical to an 25
instruction that appeared on an approved label mentioned in 26
the certificate on a stated day, or during a stated period; 27
(vi) a notice mentioned in the certificate was given under this Act 28
at a stated time to a stated person;'. 29
41
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
32. Section 34(j), `a chemical registered under the Agricultural 1
Standards Act 19521981'-- 2
omit, insert-- 3
`a registered chemical product'. 4
33. Section 34(j), from `with the directions'-- 5
omit, insert-- 6
`with the instructions on the approved label for containers for the 7
product'. 8
34. Section 35, `Minister'-- 9
omit, insert-- 10
`chief executive'. 11
35. Section 36-- 12
omit. 13
36. Section 37-- 14
omit. 15
37. Section 38(1)-- 16
omit, insert-- 17
`38.(1) The Governor in Council may make regulations under this Act.'. 18
38. Section 38(2), `Without' to `respect to'-- 19
omit, insert-- 20
`A regulation may be made about'. 21
42
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
39. Section 38(3) to (5)-- 1
omit. 2
AGRICULTURAL CHEMICALS DISTRIBUTION 3
´
CONTROL ACT 1966 4
1. Section 3-- 5
omit, insert-- 6
`Application of Act 7
`3. The Governor in Council, by regulation, may declare that this Act, or 8
a specified provision of this Act, does not apply in a specified part of the 9
State.'. 10
2. Section 6, heading-- 11
omit, insert-- 12
`Definitions'. 13
3. Section 6(1), definitions "Active constituent", "Agricultural 14
chemical", "Air Navigation regulations", "Analyst", "Board", 15
"Hazardous area", "Herbicide", "Inspector", "Minister", "Officer", 16
"Owner", "Part", "Registered name", "Standards officer" and 17
"Under Secretary"-- 18
omit. 19
4. Section 6(1)-- 20
insert-- 21
`"agricultural chemical" means-- 22
(a) an agricultural chemical product; or 23
43
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
(b) another material prescribed by regulation to be an agricultural 1
chemical. 2
"agricultural chemical product" has the meaning given by the Agvet 3
Code. 4
"Agvet Code" means the provisions applying because of section 5 of the 5
Agricultural and Veterinary Chemicals (Queensland) Act 1994. 6
"analyst" means an analyst appointed under this Act. 7
"approved form" means a form approved by the chief executive. 8
"Board" means the Agricultural Chemicals Distribution Control Board. 9
"chairperson" means chairperson of the Board. 10
"Civil Aviation Orders" means orders in force under the Civil Aviation Act 11
1988 (Cwlth). 12
"Civil Aviation Regulations" means the regulations in force under the 13
Civil Aviation Act 1988 (Cwlth). 14
"decision maker" means-- 15
(a) for a decision made by the Board--the Board; or 16
(b) for a decision made by the chief executive--the chief executive. 17
"deputy chairperson" means deputy chairperson of the Board. 18
"deputy standards officer" means a deputy standards officer appointed 19
under the Chemical Usage (Agricultural and Veterinary) Control Act 20
1988. 21
"executive officer" of a corporation means a person who is-- 22
(a) a member of the governing body of the corporation; or 23
(b) concerned with, or takes part in, the corporation's management; 24
whatever the person's position is called and whether or not the person 25
is a director of the corporation. 26
"hazardous area" means an area declared under the regulations to be a 27
hazardous area. 28
45
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
"herbicide" means-- 1
(a) a material used, or intended for use, for destroying, or preventing 2
the spread of, plants; or 3
(b) another material prescribed by regulation to be a herbicide; 4
but does not include a material used, or intended for use, for 5
destroying, or preventing the spread of, plants if the material is 6
declared by regulation to be a material to which this Act does not 7
apply. 8
"inspector" means an inspector appointed under this Act, and includes the 9
standards officer and a deputy standards officer. 10
"member" means a member of the Board. 11
"obstruct" includes hinder, resist and attempt to obstruct. 12
"officer" means-- 13
(a) the standards officer or a deputy standards officer; or 14
(b) an inspector; or 15
(c) an analyst; or 16
(d) another officer appointed under this Act; or 17
(e) a member of the Board. 18
"owner" means-- 19
(a) for aircraft or ground equipment subject to a bill of sale--the 20
grantor of the bill of sale within the meaning of the Bills of Sale 21
and Other Instruments Act 1955; or 22
(b) for aircraft or equipment subject to a lease--the lessee; or 23
(c) for land--the person (other than the State) who-- 24
(i) is entitled to receive rent for the land; or 25
(ii) would be entitled to receive rent for the land if it were leased 26
45
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
at a rack-rent;1 1
and, for land, includes a lessee or sublessee of land held from the State 2
and the holder of a licence or permission to occupy from the State. 3
"representative" of a person means-- 4
(a) if the person is a corporation--an executive officer, employee or 5
agent of the corporation; or 6
(b) if the person is an individual--an employee or agent of the 7
individual. 8
"standards officer" means the standards officer appointed under the 9
Chemical Usage (Agricultural and Veterinary) Control Act 1988.'. 10
5. Section 6(2), (3) and (4)-- 11
omit. 12
6. After section 6-- 13
insert-- 14
`Words and expressions used in Agvet Code and this Act 15
`6A. Words and expressions used in the Agvet Code and this Act have 16
the same meanings in this Act as they have in the Agvet Code. 17
`Reference to loss or damage 18
`6B. A reference in this Act to loss or damage caused by aerial or ground 19
distribution, or by the distribution of agricultural chemicals by aerial or 20
ground distribution, includes loss or damage caused by the drift of any 21
agricultural chemical used in the distribution.'. 22
1 Rack-rent of land is a rent for the land that is the highest possible rent for the
land. It implies that the land is leased commercially.
1 Rack-rent of land is a rent for the land that is the highest possible rent for the
land. It implies that the land is leased commercially.
46
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
7. Sections 7 and 7A-- 1
omit, insert-- 2
`Appointment of inspectors and analysts 3
`7.(1) The chief executive may appoint officers of the department as 4
inspectors and analysts for this Act. 5
`(2) The chief executive may appoint a person as an inspector only if-- 6
(a) in the chief executive's opinion, the person has the necessary 7
expertise or experience to be an inspector; or 8
(b) the person has satisfactorily finished training approved by the 9
chief executive. 10
`(3) In this section-- 11
"inspector" does not include the standards officer or a deputy standards 12
officer. 13
`Limitation of inspector's powers 14
`7A. The powers of an inspector may be limited-- 15
(a) under a regulation; or 16
(b) under a condition of appointment; or 17
(c) by written notice of the chief executive given to the inspector. 18
`Inspector's identity card 19
`7B.(1) The chief executive must give each inspector an identity card. 20
`(2) The identity card must-- 21
(a) contain a recent photograph of the inspector; and 22
(b) be signed by the inspector; and 23
(c) identify the person as an inspector under this Act. 24
`(3) A person who ceases to be an inspector must return the person's 25
47
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
identity card to the chief executive as soon as practicable (but within 1
21 days) after the person ceases to be an inspector, unless the person has a 2
reasonable excuse for not returning it. 3
Maximum penalty--10 penalty units. 4
`(4) This section does not prevent the giving of a single identity card to a 5
person under this Act and for other Acts or purposes. 6
`Production or display of inspector's identity card 7
`7C.(1) An inspector may exercise a power under this Act in relation to 8
someone else only if the inspector-- 9
(a) first produces his or her identity card for the person's inspection; 10
or 11
(b) has the identity card displayed so it is clearly visible to the person. 12
`(2) However, if for any reason it is not practicable to comply with 13
subsection (1), the inspector must produce the identity card for the person's 14
inspection at the first reasonable opportunity.'. 15
8. Section 8-- 16
omit, insert-- 17
`Agricultural Chemicals Distribution Control Board 18
`8.(1) The Agricultural Chemicals Distribution Control Board is 19
continued in existence. 20
`(2) The Board consists of the following members appointed by the 21
Governor in Council-- 22
(a) an officer of the department; 23
(b) the standards officer; 24
(c) 2 persons nominated by the Minister chiefly responsible for 25
issues about land; 26
(d) 5 other persons (at least 1 of whom has extensive knowledge of, 27
48
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
or experience in, aerial distribution). 1
`(3) The Board may ask officers of any department to act in an advisory 2
capacity on agricultural chemicals distribution issues. 3
`(4) The member of the Board mentioned in subsection (2)(a) is the 4
chairperson. 5
`(5) The Governor in Council may appoint a member of the Board to be 6
the deputy chairperson. 7
`(6) A member of the Board mentioned in subsection (2)(c) or (d) is 8
appointed for the term (not longer than 3 years) stated in the member's 9
instrument of appointment. 10
`(7) The Minister may appoint a deputy of a member of the Board to act 11
for the member during any period or all periods when the member is 12
unable, for any reason, to attend Board meetings. 13
`(8) To remove any doubt, it is declared that the members holding office 14
immediately before the commencement of this section continue to hold 15
office for the terms for which they were appointed. 16
`(9) Subsection (8) and this subsection expire 3 months after the 17
commencement of this section.'. 18
9. Section 9-- 19
omit, insert-- 20
`Time and place of meetings 21
`9.(1) Meetings of the Board are to be held at the times and places it 22
decides. 23
`(2) The chairperson-- 24
(a) may at any time call a meeting of the Board; and 25
(b) must call a meeting if asked by at least 4 members. 26
49
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
`Procedures for conduct of proceedings 1
`9A.(1) The chairperson must preside at all meetings at which the 2
chairperson is present. 3
`(2) If the chairperson is absent, the deputy chairperson must preside. 4
`(3) If both the chairperson and deputy chairperson are absent, the 5
member chosen by the members present must preside. 6
`(4) At a meeting of the Board-- 7
(a) the number that is at least half of the number of persons appointed 8
as members form a quorum; and 9
(b) a question is decided by a majority of the votes of the members 10
present and voting; and 11
(c) each member present has a vote on each question to be decided 12
and, if the votes are equal, the member presiding has a casting 13
vote. 14
`(5) The Board may conduct its proceedings (including its meetings) as it 15
considers appropriate. 16
`(6) The Board may hold meetings, or allow members to take part in 17
meetings, by telephone, closed circuit television or another form of 18
communication. 19
`(7) A member who takes part in a meeting of the Board under 20
permission under subsection (6) is taken to be present at the meeting. 21
`(8) A resolution is a valid resolution of the Board, even though it was 22
not passed at a meeting of the Board, if-- 23
(a) all members give written agreement to the proposed resolution; 24
and 25
(b) notice of the proposed resolution was given under procedures 26
approved by the Board. 27
50
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
`Disclosure of interests 1
`9B.(1) This section applies to a member if-- 2
(a) the member has a direct or indirect financial interest in an issue 3
being considered, or about to be considered, by the Board; and 4
(b) the interest could conflict with the proper performance of the 5
member's duties about the consideration of the issue. 6
`(2) As soon as practicable after the relevant facts come to the member's 7
knowledge, the member must disclose the nature of the interest to a meeting 8
of the Board. 9
`(3) The disclosure must be recorded in the Board's minutes and, unless 10
the Board otherwise decides, the member must not-- 11
(a) be present when the Board considers the issue; or 12
(b) take part in a decision of the Board on the issue. 13
`(4) The member must not be present when the Board is considering its 14
decision under subsection (3). 15
`(5) Another member who also has a direct or indirect financial interest in 16
the issue must not-- 17
(a) be present when the Board is considering its decision under 18
subsection (3); or 19
(b) take part in making the decision. 20
`Minutes 21
`9C. The Board must keep minutes of its proceedings.'. 22
10. Section 10B-- 23
omit, insert-- 24
51
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
`Delegations by Board 1
`10B. The Board may delegate its powers under this Act to the standards 2
officer or an executive committee.'. 3
11. Section 11-- 4
omit. 5
12. Section 12(2)-- 6
omit, insert-- 7
`(2) A person may apply for, and hold, a pilot chemical rating licence 8
only if the person has-- 9
(a) a commercial pilot's licence or senior commercial pilot's licence, 10
endorsed with an agricultural rating, issued under the Civil 11
Aviation Regulations or Orders (Cwlth); and 12
(b) the qualifications prescribed by regulation.'. 13
13. Section 15(2)-- 14
omit, insert-- 15
`(2) A person may apply for, and hold, an aerial distribution contractor 16
licence only if the person has an aerial work licence, endorsed to conduct 17
agricultural operations, issued under the Civil Aviation Regulations or 18
Orders (Cwlth).'. 19
14. Section 17-- 20
omit, insert-- 21
`Application for licences 22
`17.(1) An application for a licence must-- 23
(a) be made to the standards officer in the approved form; and 24
52
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
(b) be accompanied by the fee (if any) prescribed by regulation. 1
`(2) If asked by the Board, the applicant must give the further relevant 2
information or evidence the Board reasonably requires to decide the 3
application. 4
`(3) The Board must consider an application for a licence and may grant, 5
or refuse to grant, the licence. 6
`(4) If the application is refused, the fee mentioned in subsection (1)(b) 7
must be refunded.'. 8
15. Section 19, `prescribed form'-- 9
omit, insert-- 10
`approved form'. 11
16. Section 21(1), `Minister'-- 12
omit, insert-- 13
`chief executive'. 14
17. Section 21(2) to (4)-- 15
omit, insert-- 16
`(2) If a recommendation is made by the Board, the chief executive 17
may-- 18
(a) if cancellation of the licence is recommended-- 19
(i) cancel the licence; or 20
(ii) suspend the licence for a period; or 21
(b) if suspension of the licence is recommended--suspend the licence 22
for a period not longer than the period recommended. 23
`(3) If the chief executive cancels the licence, the chief executive may 24
later-- 25
53
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
(a) terminate the cancellation; or 1
(b) replace the cancellation with a period of suspension. 2
`(4) If the chief executive suspends the licence, the chief executive may 3
later-- 4
(a) terminate the suspension; or 5
(b) reduce the period of suspension. 6
`(5) The standards officer must notify the licensee, or former licensee, of 7
any action taken by the chief executive under subsection (2), (3) or (4). 8
`(6) In this section-- 9
"licensee" includes a person whose licence is suspended under section 20.'. 10
18. Section 22-- 11
omit, insert-- 12
`Right of appeal to Magistrates Court 13
`22.(1) This section applies to the following decisions-- 14
(a) a decision of the Board to refuse an application for a licence or the 15
renewal of a licence; 16
(b) a decision of the chief executive to cancel or suspend a licence. 17
`(2) The applicant or licensee may appeal against the decision. 18
`(3) The appeal may be made to the Magistrates Court nearest the place 19
where the applicant or licensee resides, is employed or carries on business. 20
`How to start appeal 21
`22A.(1) An appeal is started by filing a written notice of appeal with the 22
clerk of the court of the Magistrates Court. 23
`(2) A copy of the notice must be served on the decision maker. 24
`(3) The notice of appeal must be filed within 28 days after the appellant 25
receives notice of the decision appealed against. 26
54
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
`(4) However, the Court may extend the period for filing the notice of 1
appeal at any time. 2
`(5) The notice of appeal must state the grounds of the appeal. 3
`Stay of operation of decisions 4
`22B.(1) The Court may grant a stay of a decision appealed against to 5
secure the effectiveness of the appeal. 6
`(2) A stay-- 7
(a) may be granted on conditions the Court considers appropriate; 8
and 9
(b) operates for the period stated by the Court; and 10
(c) may be revoked or amended by the Court. 11
`(3) The period of a stay stated by the Court must not extend past the 12
time when the Court decides the appeal. 13
`(4) An appeal against a decision affects the decision, or carrying out the 14
decision, only if the decision is stayed. 15
`Hearing procedures 16
`22C.(1) The power under the Magistrates Courts Act 1921 to make 17
rules for Magistrates Courts includes power to make rules for appeals to 18
Magistrates Courts under this Act. 19
`(2) The procedure for an appeal to a Magistrates Court under this Act is 20
to be in accordance with-- 21
(a) the rules made under the Magistrates Courts Act 1921; or 22
(b) in the absence of relevant rules, directions of the Court. 23
`(3) An appeal is to be by way of rehearing, unaffected by the decision 24
maker's decision. 25
`(4) In deciding an appeal, the Court-- 26
55
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
(a) has the same powers as the decision maker; and 1
(b) is not bound by the rules of evidence; and 2
(c) must observe natural justice; and 3
(d) may hear the appeal in court or chambers. 4
`Powers of Court on appeal 5
`22D.(1) In deciding an appeal, the Court may-- 6
(a) confirm the decision appealed against; or 7
(b) set aside the decision and substitute another decision; or 8
(c) set aside the decision and return the issue to the decision maker 9
with directions the Court considers appropriate. 10
`(2) If the Court substitutes another decision, the substituted decision is, 11
for the purposes of this Act, taken to be the decision maker's decision. 12
`Appeal to District Court 13
`22E. A party dissatisfied by the decision of the Court may appeal to a 14
District Court, but only on a question of law.'. 15
19. Section 23, from `by a Judge' to `standards officer'-- 16
omit, insert-- 17
`(whether by the Court, chief executive or standards officer)'. 18
20. Section 25(1)-- 19
omit, insert-- 20
`25.(1) Before starting aerial distribution, the owner of the aircraft from 21
which the distribution is to be carried out must-- 22
(a) lodge with the standards officer the security for the aircraft 23
56
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
prescribed by regulation; or 1
(b) satisfy the standards officer that the security prescribed for the 2
aircraft by regulation is lodged in another State or a Territory with 3
a person acceptable to the standards officer (an "acceptable 4
person").'. 5
21. Section 25(5)-- 6
omit. 7
22. Section 25(6)-- 8
renumber as section 25(5). 9
23. Section 25(7)-- 10
omit, insert-- 11
`(6) In this section-- 12
"approved company" means a company approved by the standards officer 13
or an acceptable person (even if the company is acting for a group of 14
companies that have not, or some of which have not, been approved). 15
"owner" does not include the State.'. 16
24. Section 26(1)(e) to (l)-- 17
renumber as (1)(f) to (m). 18
25. Section 26(1)(d)-- 19
omit, insert-- 20
`(d) for each agricultural chemical used in the distribution-- 21
(i) if the chemical has a distinguishing number--the number; or 22
57
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
(ii) if the chemical does not have a distinguishing 1
number--particulars to identify the chemical; 2
(e) a description of any diluent, wetter, spreader, emulsifier or other 3
material added to an agricultural chemical used in the 4
distribution;'. 5
26. Section 26(2A), from `and shall be liable'-- 6
omit. 7
27. Section 26(2A)-- 8
insert-- 9
`Maximum penalty--20 penalty units.'. 10
28. Section 26(3), from `and shall be liable'-- 11
omit. 12
29. Section 26-- 13
insert-- 14
`Maximum penalty-- 15
(a) on indictment--50 penalty units or imprisonment for 5 years; or 16
(b) on a summary proceeding--50 penalty units or imprisonment for 17
1 year.'. 18
30. Section 27-- 19
omit, insert-- 20
`Production of distribution records 21
`27.(1) This section applies to a record of a distribution that a person is 22
58
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
required under section 26 to keep for 2 years after the distribution. 1
`(2) An inspector may, within the 2 years, ask the person to produce the 2
record for inspection. 3
`(3) The person must immediately produce the record for inspection by 4
the inspector, unless the person has a reasonable excuse. 5
Maximum penalty--20 penalty units. 6
`(4) The inspector may keep the record to make a copy of it. 7
`(5) However, the inspector must return the record to the person as soon 8
as practicable after making a copy of it.'. 9
31. Section 28-- 10
omit, insert-- 11
`Hazardous areas 12
`28.(1) A regulation may declare an area to be a hazardous area and 13
prescribe conditions for carrying out aerial or ground distribution in the area. 14
`(2) The chief executive must publish a notice of the declaration and 15
conditions in a newspaper circulating generally in the hazardous area.'. 16
32. Section 29-- 17
omit, insert-- 18
`Carrying out of distributions in hazardous areas 19
`29. A person must not carry out aerial or ground distribution in a 20
hazardous area unless the distribution is carried out under the conditions 21
prescribed by regulation for the area. 22
Maximum penalty--100 penalty units or imprisonment for 6 months.'. 23
59
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
33. Section 30(3), `or any officer'-- 1
omit, insert-- 2
`, another officer'. 3
34. Section 31-- 4
omit, insert-- 5
`Effect of failure to give notice 6
`31.(1) This section applies to an action in which damages are being 7
claimed for the loss of, or damage to, crops or stock claimed to be caused 8
by aerial or ground distribution. 9
`(2) If the claimant in the action contravenes section 30, the claimant may 10
not, without the court's leave-- 11
(a) call an officer, or an officer of the department, as a witness; or 12
(b) put in evidence-- 13
(i) a report or statement mentioned in section 32 or 33; or 14
(ii) a document of the department or Board or a member of the 15
Board. 16
`(3) The court may grant leave for the purposes of subsection (2) only 17
if-- 18
(a) the defendant agrees; or 19
(b) the court is satisfied-- 20
(i) the contravention was caused by mistake or another 21
reasonable reason; or 22
(ii) the defendant will not be materially prejudiced by the 23
contravention.'. 24
60
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
35. Section 32(1), `or any officer or any person authorized in writing 1
by the standards officer'-- 2
omit, insert-- 3
`or another inspector'. 4
36. Section 32(1)(d) and (e), `any officer or person other than the 5
standards officer'-- 6
omit, insert-- 7
`another inspector'. 8
37. Section 32(2)-- 9
omit, insert-- 10
`(2) A person must not obstruct the standards officer, or another 11
inspector in the exercise of a power under this section, unless the person has 12
a reasonable excuse. 13
Maximum penalty for subsection (2)--20 penalty units.'. 14
38. Section 33(1), `an officer'-- 15
omit, insert-- 16
`another inspector'. 17
39. Section 34, heading, `&c'-- 18
omit. 19
40. Section 34(1), `The standards officer or an inspector'-- 20
omit, insert-- 21
`An inspector'. 22
61
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
41. Section 35-- 1
omit. 2
42. Section 36-- 3
insert-- 4
`Maximum penalty for subsection (2)--20 penalty units'. 5
43. Section 38-- 6
insert-- 7
`Maximum penalty--20 penalty units'. 8
44. Section 39(1) and (2)-- 9
insert-- 10
`Maximum penalty--20 penalty units'. 11
45. Section 40(a), (d) and (e), `or officer'-- 12
omit. 13
46. Section 40, from `and shall be liable'-- 14
omit. 15
47. Section 40-- 16
insert-- 17
`Maximum penalty--20 penalty units or imprisonment for 6 months.'. 18
62
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
48. Section 41-- 1
omit. 2
49. Section 42 to 44-- 3
omit, insert-- 4
`Prosecutions generally 5
`42.(1) An offence against this Act is a summary offence, unless 6
expressly provided otherwise. 7
`(2) A proceeding for an offence against this Act must start-- 8
(a) within 1 year after the offence is committed; 9
(b) within 6 months after the offence comes to the complainant's 10
knowledge, but within 2 years after the offence is committed. 11
`Responsibility for acts or omissions of representatives 12
`43.(1) If, in a proceeding for an offence against this Act, it is relevant to 13
prove a person's state of mind about a particular act or omission, it is 14
enough to show-- 15
(a) the act or omission was done or omitted to be done by a 16
representative of the person within the scope of the 17
representative's actual or apparent authority; and 18
(b) the representative had the state of mind. 19
`(2) An act or omission done or omitted to be done for a person by a 20
representative of the person within the scope of the representative's actual or 21
apparent authority is taken, in a proceeding for an offence against this Act, 22
to have been done or omitted to be done also by the person, unless the 23
person proves the person took all reasonable steps to prevent the act or 24
omission. 25
`(3) If-- 26
(a) an individual is convicted of an offence against this Act; and 27
63
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
(b) the individual would not have been convicted of the offence if 1
subsections (1) and (2) had not been enacted; 2
the individual is not liable to be punished by imprisonment for the offence. 3
`Executive officers must ensure corporation complies with Act 4
`44.(1) The executive officers of a corporation must ensure that the 5
corporation complies with this Act. 6
`(2) If a corporation commits an offence against a provision of this Act, 7
each of the executive officers of the corporation also commits an offence, 8
namely, the offence of failing to ensure the corporation complies with this 9
Act. 10
Maximum penalty--the penalty for the contravention of the provision by an 11
individual. 12
`(3) Evidence that the corporation committed an offence against this Act 13
is evidence that each of the executive officers committed the offence of 14
failing to ensure that the corporation complies with this Act. 15
`(4) However, it is a defence for an executive officer to prove-- 16
(a) if the officer was in a position to influence the conduct of the 17
corporation in relation to the offence--the officer took all 18
reasonable steps to ensure the corporation complied with the 19
provision; or 20
(b) the officer was not in a position to influence the conduct of the 21
corporation in relation to the offence. 22
`Protection from liability 23
`44A.(1) In this section-- 24
"official" means-- 25
(a) the chief executive; or 26
(b) an officer; or 27
64
Agricultural and Veterinary Chemicals
(Queensland)
SCHEDULE (continued)
(c) a member of an executive committee of the Board. 1
`(2) An official does not incur civil liability for an act done, or omission 2
made, honestly and without negligence under this Act. 3
`(3) If subsection (2) prevents a civil liability attaching to an official, the 4
liability attaches instead to the State.'. 5
50. Sections 46 and 47-- 6
omit, insert-- 7
`Chief executive may approve forms 8
`46. The chief executive may approve forms for use under this Act.'. 9
51. Section 48-- 10
omit, insert-- 11
`Regulations 12
`48.(1) The Governor in Council may make regulations under this Act. 13
`(2) A regulation may make provision about the following-- 14
(a) regulating aerial and ground distribution of agricultural chemicals 15
over hazardous areas, including issuing permits for carrying out 16
the distribution (and cancelling and suspending them); 17
(b) regulating the flying of aircraft equipped with aerial equipment, or 18
movement of ground equipment carrying agricultural chemicals, 19
over hazardous areas; 20
(c) providing for and regulating the cleansing of aircraft and ground 21
equipment used to carry agricultural chemicals; 22
(d) regulating aerial and ground distribution of agricultural chemicals 23
in conditions likely to cause the chemicals to drift; 24
(e) regulating the use in aerial and ground distribution of preparations 25
containing agricultural chemicals; 26
65
Agricultural and Veterinary Chemicals
(Queensland)
(f) regulating the droplet or particle size in aerial and ground 1
distribution; 2
(g) approving the types of aerial and ground equipment that may be 3
used and specifying the entity to give approval; 4
(h) regulating the type of aerial and ground distribution and the 5
appliances that may be used; 6
(i) types of licences, qualifications needed to hold a licence, terms 7
under which licences may be obtained and held and the authority 8
the licence confers on the licensee; 9
(j) testing of licensees, the entity giving the tests, the times and places 10
the tests are to be held, and the subjects of the tests; 11
(k) fees to be paid for the issue or renewal of a licence, an application 12
for a licence or permit, undertaking a test or any other purpose of 13
the Act; 14
(l) regulating inspection, investigation and samples, including-- 15
(i) the way samples are taken; and 16
(ii) the quantity or weight of samples; and 17
(iii) the labelling of samples; and 18
(iv) the delivery of samples to the standards officer; 19
(m) analysis and examination of agricultural chemicals, portions, 20
samples, material and other things for this Act, including ways of 21
analysing and examining to decide-- 22
(i) the composition or physical properties of an agricultural 23
chemical; or 24
(ii) the nature and amount of residue on any crop or stock; or 25
(iii) damage to any crop or stock; 26
(n) imposing penalties not exceeding 35 penalty units for a 27
contravention of a regulation; 28
(o) regulating cancellation and suspension of licences'. 29
30
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Agricultural and Veterinary Chemicals
(Queensland)
© State of Queensland 1994
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