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Queensland
AGRICULTURAL
STANDARDS BILL 1994
Queensland
AGRICULTURAL STANDARDS BILL 1994
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Short title and commencement
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Division 2--Object of Act
3 Main object of Act and its achievement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Division 3--Interpretation
4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--STANDARDS
5 Chief executive may make standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6 Standard is subordinate legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
7 Advisory committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
8 Procedure to make standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
9 Compensation not payable on making, amendment or repeal . . . . . . . . . . . 10
10 Regulation prevails over standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PART 3--OFFENCES ABOUT AGRICULTURE
11 Offences about packing and labelling of agricultural requirements . . . . . . 11
12 False or misleading representations about agricultural requirements . . . . . 11
13 Offence about prohibited materials, harmful ingredients etc. . . . . . . . . . . . 12
14 Offence about false or misleading representations about the use
or non-use of hormonal growth promotants . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2
Agricultural Standards
PART 4--ENFORCEMENT OF ACT
Division 1--Inspectors
15 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
16 Limitation on inspector's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
17 Inspector's appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
18 Inspector's identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
19 Production or display of inspector's identity card . . . . . . . . . . . . . . . . . . . . . 14
Division 2--Inspector's entry to places and vehicles
20 Entry to places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
21 Consent to entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
22 Warrants for entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
23 Warrants--applications made other than in person . . . . . . . . . . . . . . . . . . . 17
24 Entry to vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 3--Inspector's power to seize
25 Power to seize . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
26 Powers in support of seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
27 Receipt for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
28 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
29 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
30 Forfeiture of seized thing if not changed to comply with Act . . . . . . . . . . . 21
31 Forfeiture of seized thing if cannot be changed to comply with Act . . . . . 22
32 Forfeiture of unclaimed seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 4--Inspector's general powers
33 General powers after entering places or vehicles . . . . . . . . . . . . . . . . . . . . . 22
34 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
35 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 5--Other enforcement matters
36 Destruction of agricultural requirement that is a serious risk to health . . . . 25
37 Analysis of samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
38 Publication of analysis results . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
39 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
40 False, misleading or incomplete documents . . . . . . . . . . . . . . . . . . . . . . . . . 26
3
Agricultural Standards
41 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
42 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
43 Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
44 Inspector to give notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
45 Obstructing inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
46 Impersonating inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
PART 5--REVIEW OF DECISIONS
47 Who may apply for review etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
48 Applying for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
49 Chief executive's decision on review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
50 Stay of operation of original decision etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
PART 6--APPEALS
51 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
52 How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
53 Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
54 Powers of Magistrates Court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
55 Effect of Magistrates Court's decision on appeal . . . . . . . . . . . . . . . . . . . . . 32
56 Procedure of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
57 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
PART 7--LEGAL PROCEEDINGS
58 Offences are summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
59 Attempts to commit offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
60 Limitation on time for starting proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . 33
61 Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
62 Evidence of certain matters--notice of challenge required . . . . . . . . . . . . . 34
63 Analyst's certificate or report produced by defendant . . . . . . . . . . . . . . . . . 36
64 Expenses of analysis to be paid by offenders on conviction . . . . . . . . . . . . 36
65 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
PART 8--MISCELLANEOUS
66 Chief executive may delegate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
67 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
4
Agricultural Standards
PART 9--TRANSITIONAL PROVISIONS
68 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
69 Existing permissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
70 Inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
71 Existing orders etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
72 Existing regulations and rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
73 Transitional regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
74 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
PART 10--REPEALS
75 Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
1994
A BILL
FOR
An Act to provide for the making of agricultural standards and for
other agricultural matters
s1 6 s4
Agricultural Standards
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
Division 1--Short title and commencement 3
title 4
Short
1. This Act may be cited as the Agricultural Standards Act 1994. 5
6
Commencement
2. This Act commences on a day to be fixed by proclamation. 7
Division 2--Object of Act 8
object of Act and its achievement 9
Main
3.(1) The main object of this Act is to provide for the making of 10
standards about agriculture. 11
(2) This object is to be achieved by-- 12
(a) establishing an administrative framework for the making of 13
standards about agriculture by the chief executive; and 14
(b) providing appropriate powers to ensure the standards are 15
complied with. 16
Division 3--Interpretation 17
18
Definitions
4. In this Act-- 19
"agricultural requirement" means seed, fertiliser, lime, stock food, and 20
s4 7 s4
Agricultural Standards
any other material, declared under the regulations to be an agricultural 1
requirement. 2
"analyst" means an appropriately qualified person appointed by the chief 3
executive as an analyst or someone else holding an accreditation of a 4
kind prescribed under the regulations. 5
"approved form" means the form approved by the chief executive. 6
"arrangement" includes agreement, promise, scheme, transaction (with or 7
without consideration), understanding and undertaking (whether 8
express or implied). 9
"condition" includes a restriction. 10
"conviction" includes a finding of guilt, and the acceptance of a plea of 11
guilty, by a court, whether or not a conviction is recorded. 12
"entering" a vehicle includes boarding a boat. 13
"fee" includes a charge or tax. 14
"hormonal growth promotant" means a product that-- 15
(a) contains, as an ingredient, 1 or more hormones or anabolic 16
substances, including, for example, the following-- 17
(i) 17 beta oestradiol; 18
(ii) progesterone; 19
(iii) oestradiol benzoate; 20
(iv) testosterone propionate; 21
(v) trenbolone acetate; 22
(vi) zeranol; and 23
(b) is used for the promotion of growth of bovines or bubalines. 24
"in" a vehicle or place includes on the vehicle or place. 25
"inspector" means a person who is appointed under this Act as an 26
inspector. 27
"obstruct" includes hinder, resist and attempt to obstruct. 28
"occupier" of a place includes a person who reasonably appears to be the 29
occupier, or in charge, of the place. 30
s4 8 s4
Agricultural Standards
"owner" of a seized thing includes the person from whom the thing was 1
seized unless the chief executive is aware of its actual owner. 2
"person in control" includes-- 3
(a) for a boat--the person who has, or appears to have, command or 4
charge of the boat; and 5
(b) for another vehicle--the vehicle's driver or the person who 6
reasonably appears to be the vehicle's driver. 7
"place" includes land and premises, but does not include a vehicle. 8
"possess" a thing includes-- 9
(a) have custody or control of the thing; and 10
(b) have an ability or right to obtain custody or control of the thing. 11
"public place" means a place the public is entitled to use, is open to the 12
public or is used by the public, whether or not on payment of money. 13
"sell" includes-- 14
(a) sell by wholesale, retail or auction; and 15
(b) supply in trade or commerce or under an arrangement; and 16
(c) agree, attempt or offer to sell; and 17
(d) keep or expose for sale; and 18
(e) cause or permit to be sold. 19
"trade or commerce" includes-- 20
(a) a business activity; and 21
(b) anything else done for gain or reward. 22
"vehicle" includes an aircraft, boat, caravan and trailer. 23
s5 9 s6
Agricultural Standards
PART 2--STANDARDS 1
executive may make standards 2
Chief
5.(1) The chief executive may make standards under this Act about 3
agriculture, including, for example, standards about the following-- 4
(a) protecting the genetic purity or other qualities of seed for 5
agriculture; 6
(b) regulating the ingredients of agricultural requirements; 7
(c) packing and labelling of agricultural requirements; 8
(d) selling or using hormonal growth promotants; 9
(e) marking or non-marking of stock in relation to the use or non-use 10
of hormonal growth promotants. 11
12
Examples of standards about labelling--
13
· the way a label must be attached
14
· the legibility of a label
15
· the information to be contained on a label
16
· the durability of a label.
(2) A standard may also make provision about the following-- 17
(a) approvals or licences about agriculture, including, for example, 18
provision about their grant, refusal, renewal, amendment, 19
suspension and cancellation; 20
(b) things that are prohibited materials or harmful ingredients in 21
agricultural requirements. 22
(3) A standard may also create offences and prescribe penalties of not 23
more than 20 penalty units for each offence. 24
is subordinate legislation 25
Standard
6. A standard is subordinate legislation. 26
s7 10 s9
Agricultural Standards
committees 1
Advisory
7.(1) The chief executive may establish committees made up of persons 2
the chief executive considers appropriate to advise the chief executive about 3
standards. 4
5
Example--
6
The chief executive may establish a seed certification committee to advise the
7
chief executive about standards to protect the genetic purity and other qualities of
8
certain seed.
(2) The chief executive may decide-- 9
(a) the functions or terms of reference of a committee; and 10
(b) the membership of a committee; and 11
(c) conditions on which a person is appointed a member of a 12
committee; and 13
(d) how a committee is to operate. 14
(3) If a committee makes a recommendation to the chief executive, the 15
chief executive must give proper consideration to the recommendation. 16
to make standard 17
Procedure
8.(1) Before making a standard, the chief executive must prepare a draft 18
standard and take reasonable steps to engage in consultation about the draft 19
standard. 20
(2) A regulation may prescribe-- 21
(a) the way a draft standard must be published; and 22
(b) the information that must be contained in a standard. 23
not payable on making, amendment or repeal 24
Compensation
9.(1) Compensation is not payable if a standard is made, amended or 25
repealed, or anything previously permitted is prohibited or regulated under a 26
standard. 27
(2) However, subsection (1) does not prevent a regulation or standard 28
providing for payment of compensation. 29
s 10 11 s 12
Agricultural Standards
prevails over standard 1
Regulation
10. If there is an inconsistency between a regulation and a standard 2
(whether made before or after the regulation), the regulation prevails to the 3
extent of the inconsistency. 4
ART 3--OFFENCES ABOUT AGRICULTURE 5
P
about packing and labelling of agricultural requirements 6
Offences
11.(1) This section applies to an agricultural requirement if a standard 7
requires it to be packed or labelled in a particular way. 8
(2) A person must not sell the agricultural requirement unless it is packed 9
or labelled in the required way. 10
Maximum penalty--50 penalty units. 11
or misleading representations about agricultural requirements 12
False
12.(1) A person must not, in trade or commerce, in connection with the 13
supply or possible supply of an agricultural requirement or the promotion 14
of the supply or use of an agricultural requirement-- 15
(a) make a representation the person knows is false or misleading in 16
a material particular; or 17
(b) omit from a statement attached to an agricultural requirement, or a 18
container containing the agricultural requirement, anything 19
without which the statement is, to the person's knowledge, 20
misleading in a material particular. 21
22
Example of false representation about an agricultural requirement--
23
A representation that a substance is laying mash if the substance does not contain
24
the required level of calcium.
Maximum penalty--50 penalty units. 25
(2) It is enough for a complaint against a person for an offence against 26
subsection (1)(a) or (b) to state that the representation or statement was false 27
or misleading to the person's knowledge. 28
s 13 12 s 14
Agricultural Standards
about prohibited materials, harmful ingredients etc. 1
Offence
13.(1) A standard may prescribe-- 2
(a) the things that are prohibited materials or harmful ingredients; or 3
(b) the maximum amount of a harmful ingredient that may be 4
contained in an agricultural requirement. 5
(2) A person must not, in trade or commerce in connection with the 6
supply or possible supply of an agricultural requirement, possess an 7
agricultural requirement containing-- 8
(a) a prohibited material; or 9
(b) too much of a harmful ingredient. 10
Maximum penalty--50 penalty units. 11
about false or misleading representations about the use or 12
Offence
non-use of hormonal growth promotants 13
14.(1) A person must not, in trade or commerce, make a false or 14
misleading representation, whether by the marking or non-marking of an 15
animal or otherwise, about the use or non-use of a hormonal growth 16
promotant that the person knows is false or misleading in a material 17
particular. 18
Maximum penalty--50 penalty units. 19
(2) It is not a defence to a prosecution for an offence against 20
subsection (1) that the person did not know the animal had been treated with 21
a hormonal growth promotant if the person did not make reasonable 22
inquiries. 23
s 15 13 s 17
Agricultural Standards
PART 4--ENFORCEMENT OF ACT 1
1--Inspectors 2
Division
3
Appointment
15.(1) The chief executive may appoint any of the following persons as 4
inspectors-- 5
(a) officers and employees of the public service; 6
(b) other persons prescribed under the regulations. 7
(2) The chief executive may appoint a person as an inspector only if-- 8
(a) in the chief executive's opinion, the person has the necessary 9
expertise or experience to be an inspector; or 10
(b) the person has satisfactorily finished training approved by the 11
chief executive. 12
on inspector's powers 13
Limitation
16. The powers of an inspector may be limited-- 14
(a) under a regulation; or 15
(b) under a condition of appointment; or 16
(c) by written notice given by the chief executive to the inspector. 17
appointment conditions 18
Inspector's
17.(1) An inspector holds office on the conditions stated in the 19
instrument of appointment. 20
(2) An inspector-- 21
(a) if the appointment provides for a term of appointment--ceases 22
holding office at the end of the term; and 23
(b) may resign by signed notice of resignation given to the chief 24
executive; and 25
s 18 14 s 19
Agricultural Standards
(c) if the conditions of appointment provide--ceases holding office 1
as an inspector on ceasing to hold another office stated in the 2
appointment conditions. 3
identity card 4
Inspector's
18.(1) The chief executive must give each inspector an identity card. 5
(2) The identity card must-- 6
(a) contain a recent photograph of the inspector; and 7
(b) be signed by the inspector; and 8
(c) identify the person as an inspector for this Act. 9
(3) A person who ceases to be an inspector must return the person's 10
identity card to the chief executive as soon as practicable (but within 11
21 days) after the person ceases to be an inspector, unless the person has a 12
reasonable excuse. 13
Maximum penalty--10 penalty units. 14
(4) This section does not prevent the giving of a single identity card to a 15
person under this section and for other provisions, Acts or purposes. 16
or display of inspector's identity card 17
Production
19.(1) An inspector may exercise a power in relation to someone else 18
only if the inspector-- 19
(a) first produces his or her identity card for the person's inspection; 20
or 21
(b) has the identity card displayed so it is clearly visible to the person. 22
(2) However, if for any reason it is not practicable to comply with 23
subsection (1), the inspector must produce the identity card for inspection 24
by the person at the first reasonable opportunity. 25
s 20 15 s 21
Agricultural Standards
2--Inspector's entry to places and vehicles 1
Division
to places 2
Entry
20. An inspector may enter a place under this Part only if-- 3
(a) it is a public place and the entry is made when the place is open to 4
the public; or 5
(b) the purpose of the entry is to gain the occupier's consent; or 6
(c) its occupier consents to the entry; or 7
(d) the entry is permitted by a warrant. 8
to entry 9
Consent
21.(1) This section applies if an inspector intends to seek the consent of 10
an occupier of a place to an inspector entering the place under this Part. 11
(2) Before seeking the consent, the inspector must inform the occupier-- 12
(a) of the purpose of the entry; and 13
(b) that anything found and seized may be used in evidence in court; 14
and 15
(c) that the occupier is not required to consent. 16
(3) If the consent is given, the inspector may ask the occupier to sign an 17
acknowledgment of the consent. 18
(4) The acknowledgment must state-- 19
(a) the occupier was informed-- 20
(i) of the purpose of the entry; and 21
(ii) that anything found and seized may be used in evidence in 22
court; and 23
(iii) that the occupier was not required to consent; and 24
(b) the occupier gave the inspector consent under this Part to enter the 25
place and to exercise powers under this Part; and 26
(c) the time and date the consent was given. 27
s 22 16 s 22
Agricultural Standards
(5) If the occupier signs an acknowledgment of consent, the inspector 1
must immediately give a copy to the occupier. 2
(6) Unless the contrary is proven, a court must presume an occupier of a 3
place did not consent to an inspector entering the place if-- 4
(a) a question arises, in a proceeding before the court, whether the 5
occupier consented to the inspector entering; and 6
(b) an acknowledgment of the consent is not produced in evidence. 7
for entry 8
Warrants
22.(1) An inspector may apply to a Magistrate for a warrant to enter a 9
place. 10
(2) The application must be sworn and state the grounds on which the 11
warrant is sought. 12
(3) The Magistrate may refuse to consider the application until the 13
inspector gives the Magistrate all the information the Magistrate requires 14
about the application in the way the Magistrate requires. 15
16
Example--
17
The Magistrate may require additional information supporting the application to
18
be given by statutory declaration.
(4) The Magistrate may issue a warrant only if satisfied the inspector has 19
reasonable grounds for suspecting-- 20
(a) there is a particular thing or activity (the "evidence") that may 21
provide evidence of an offence against this Act; and 22
(b) the evidence is, or may be within the next 7 days, at the place. 23
(5) The warrant must state-- 24
(a) that the inspector may, with necessary and reasonable assistance 25
and force, enter the place and exercise the inspector's powers 26
under this Act; and 27
(b) the evidence for which the warrant is issued; and 28
(c) the hours of the day when entry may be made; and 29
(d) the day, within 14 days after the warrant's issue, the warrant 30
s 23 17 s 23
Agricultural Standards
ends. 1
(6) The Magistrate must record the reasons for issuing the warrant. 2
made other than in person 3
Warrants--applications
23.(1) An inspector may apply for a warrant by phone, fax, radio or 4
another form of communication if the inspector considers it necessary 5
because of urgent circumstances or other special circumstances, including, 6
for example, the inspector's remote location. 7
(2) Before applying for the warrant, the inspector must prepare an 8
application stating the grounds on which the warrant is sought. 9
(3) The inspector may apply for the warrant before the application is 10
sworn. 11
(4) After issuing the warrant, the Magistrate must immediately fax a 12
copy to the inspector if it is reasonably practicable to fax the copy. 13
(5) If it is not reasonably practicable to fax a copy of the warrant to the 14
inspector-- 15
(a) the Magistrate must-- 16
(i) record on the warrant the reasons for issuing the warrant; 17
and 18
(ii) tell the inspector the date and time the warrant was signed; 19
and 20
(iii) tell the inspector the warrant's terms; and 21
(b) the inspector must write on a form of warrant ("warrant 22
form")-- 23
(i) the Magistrate's name; and 24
(ii) the date and time the Magistrate signed the warrant; and 25
(iii) the warrant's terms. 26
(6) The facsimile warrant, or the warrant form properly completed by the 27
inspector, authorises the entry and the exercise of the powers mentioned in 28
the warrant issued by the Magistrate. 29
(7) The inspector must, at the first reasonable opportunity, send the 30
s 24 18 s 24
Agricultural Standards
Magistrate-- 1
(a) the sworn application; and 2
(b) if a warrant form was required to be completed by the 3
inspector--the completed warrant form. 4
(8) On receiving the documents, the Magistrate must attach them to the 5
warrant. 6
(9) Unless the contrary is proven, a court must presume that a power 7
exercised by an inspector was not authorised by a warrant issued under this 8
section if-- 9
(a) a question arises, in a proceeding before the court, whether the 10
exercise of power was authorised by a warrant; and 11
(b) the warrant is not produced in evidence. 12
to vehicles 13
Entry
24.(1) An inspector may enter a vehicle if the inspector suspects-- 14
(a) the vehicle is being, or has been, used to commit an offence 15
against this Act; and 16
(b) the vehicle, or a thing in a vehicle, may provide evidence of an 17
offence against this Act. 18
(2) Before entering an unattended vehicle, the inspector must take 19
reasonable steps to advise its owner, or the person in control of it, of the 20
intention to enter. 21
(3) To enable a vehicle to be entered, an inspector may-- 22
(a) if the vehicle is about to move--require the person in control of 23
the vehicle not to move the vehicle; and 24
(b) if the vehicle is moving--require the person in control of the 25
vehicle to stop the vehicle; and 26
(c) require the person in control of the vehicle to give reasonable 27
assistance to the inspector; and 28
(d) act with necessary and reasonable assistance and force. 29
(4) The inspector may show a requirement under subsection (3)(a) or (b) 30
s 25 19 s 25
Agricultural Standards
by a sign or hand signal. 1
(5) A person must comply with an inspector's requirement under 2
subsection (3)(a), (b) or (c), unless the person has a reasonable excuse. 3
Maximum penalty--40 penalty units. 4
(6) It is a reasonable excuse for the person not to comply with a 5
requirement if-- 6
(a) the person believes that to immediately comply with the 7
requirement would endanger the person or another person; and 8
(b) the person complies with the requirement at the first reasonable 9
opportunity. 10
Division 3--Inspector's power to seize 11
to seize 12
Power
25.(1) An inspector who enters a vehicle under this Part may seize a 13
thing in the vehicle if the inspector believes, on reasonable grounds, the 14
thing is evidence of an offence against this Act. 15
(2) An inspector who enters a place under this Part with a warrant may 16
seize the evidence for which the warrant was issued. 17
(3) An inspector who enters a place under this Part with the occupier's 18
consent may seize the particular thing for which the entry was made, if the 19
inspector believes, on reasonable grounds, the thing is evidence of an 20
offence against this Act. 21
(4) The inspector may also seize another thing if the inspector believes, 22
on reasonable grounds-- 23
(a) the thing is evidence of an offence against this Act; and 24
(b) the seizure is necessary to prevent the thing being-- 25
(i) concealed, lost or destroyed; or 26
(ii) used to commit, continue or repeat the offence. 27
(5) Having seized a thing, an inspector may-- 28
(a) move the thing from the place where it was seized (the "place of 29
s 26 20 s 27
Agricultural Standards
seizure") to another place; or 1
(b) leave the thing at the place of seizure but restrict access to the 2
thing. 3
4
Example of subsection (5)(b)--
5
An inspector may--
6
(a) seal a thing and mark it to show it has been seized; or
7
(b) seal the entrance to a room where the seized thing is situated and mark it
8
to show it contains a thing that has been seized.
(6) If an inspector restricts access to a seized thing, a person must not 9
tamper with it without the approval of the inspector or chief executive. 10
Maximum penalty--40 penalty units. 11
in support of seizure 12
Powers
26.(1) To enable a thing to be seized, an inspector may, by written notice 13
given to the person in control of the thing, require the person-- 14
(a) to take it to a stated reasonable place by a stated reasonable time; 15
and 16
(b) if necessary, to remain in control of it at the place for a reasonable 17
time. 18
(2) If, for any reason, it is not practicable to make the requirement by 19
written notice, the requirement may be made orally and confirmed by 20
written notice as soon as practicable. 21
(3) A person must comply with a requirement under this section, unless 22
the person has a reasonable excuse for not complying with it. 23
Maximum penalty--40 penalty units. 24
for seized things 25
Receipt
27.(1) As soon as practicable after an inspector seizes a thing, the 26
inspector must give a receipt for it to the person from whom it was seized. 27
(2) However, if for any reason it is not practicable to comply with 28
subsection (1), the inspector must leave the receipt at the place of seizure, in 29
a reasonably secure way and in a conspicuous position. 30
s 28 21 s 30
Agricultural Standards
(3) Subsection (1) does not apply if-- 1
(a) the thing is unattended when seized; and 2
(b) the thing's owner is unknown; and 3
(c) the owner cannot be found after reasonable inquiries (given the 4
thing's value) have been made. 5
to seized things 6
Access
28. Until a seized thing is forfeited, returned, or otherwise finally dealt 7
with, an inspector must allow its owner-- 8
(a) to inspect it; or 9
(b) if it is a document--to make copies of it. 10
of seized things 11
Return
29.(1) This section does not apply to a thing forfeited to the State. 12
(2) The inspector must return a seized thing to its owner at the end of-- 13
(a) 6 months; or 14
(b) if a prosecution for an offence involving it is started within 15
6 months--the prosecution and any appeal from the prosecution. 16
(3) Despite subsection (2), the inspector must return the seized thing to 17
its owner immediately the inspector stops being satisfied its retention as 18
evidence is necessary. 19
of seized thing if not changed to comply with Act 20
Forfeiture
30.(1) If an inspector believes a seized thing can be changed to make it 21
comply with this Act, the inspector may require the thing's owner to do 22
what is reasonable within a stated reasonable time to make it comply. 23
24
Example of a thing mentioned in subsection (1)--
25
A bag of seed containing prohibited material that can be separated and removed
26
from the seed.
(2) If the person does not comply with the requirement, the seized thing 27
is forfeited to, and becomes the property of, the State. 28
s 31 22 s 33
Agricultural Standards
of seized thing if cannot be changed to comply with Act 1
Forfeiture
31. If an inspector believes, on reasonable grounds-- 2
(a) a seized thing cannot be changed to make it comply with this Act; 3
and 4
(b) it is necessary to retain it to prevent its use in committing an 5
offence; 6
the seized thing is forfeited to, and becomes the property of, the State. 7
8
Example--
9
Stock food containing too much of a harmful ingredient that cannot be separated
10
and removed from the stock food.
of unclaimed seized things 11
Forfeiture
32. A seized thing is forfeited to, and becomes the property of, the State 12
if the chief executive-- 13
(a) cannot find its owner after reasonable inquiries (given the thing's 14
value) have been made; or 15
(b) is unable, after making reasonable efforts, to return it to its owner. 16
4--Inspector's general powers 17
Division
powers after entering places or vehicles 18
General
33.(1) An inspector who enters a place or vehicle under this Part may-- 19
(a) search any part of the place or vehicle; or 20
(b) inspect, test, photograph or film anything in the place or vehicle; 21
or 22
(c) copy a document found in the place or vehicle; or 23
(d) take samples of anything in the place or vehicle; or 24
(e) take into or onto the place or vehicle the persons, equipment and 25
materials the inspector reasonably requires for exercising a power 26
under this Part; or 27
s 34 23 s 34
Agricultural Standards
(f) require the occupier of the place or a person in the place, or the 1
person in control of the vehicle or a person in the vehicle, to give 2
the inspector reasonable assistance to exercise the inspector's 3
powers. 4
5
Example of subsection (1)(f)--
6
The inspector may require a person in a vehicle--
7
(a) to unload the vehicle; or
8
(b) to move the vehicle to a stated place; or
9
(c) to remain in control of the vehicle at the place for a reasonable time.
(2) The person must comply with a requirement under subsection (1)(f), 10
unless the person has a reasonable excuse. 11
Maximum penalty--40 penalty units. 12
(3) If the requirement is to be complied with by a person-- 13
(a) giving information; or 14
(b) producing a document (other than a document required to be kept 15
by the person under this Act); 16
it is a reasonable excuse for the person to fail to comply with the 17
requirement if complying might incriminate the person. 18
to require name and address 19
Power
34.(1) An inspector may require a person to state the person's name and 20
address if the inspector-- 21
(a) finds the person committing an offence against this Act; or 22
(b) finds the person in circumstances that lead, or has information 23
that leads, the inspector to suspect, on reasonable grounds, the 24
person has just committed an offence against this Act. 25
(2) When making the requirement, the inspector must warn the person it 26
is an offence to fail to state the person's name and address, unless the 27
person has a reasonable excuse. 28
(3) The inspector may require the person to give evidence of the 29
correctness of the person's stated name or address if the inspector suspects, 30
on reasonable grounds, that the stated name or address is false. 31
s 35 24 s 35
Agricultural Standards
(4) The person must comply with a requirement under subsection (1) or 1
(3), unless the person has a reasonable excuse for not complying with it. 2
Maximum penalty--40 penalty units. 3
(5) The person does not commit an offence against this section if-- 4
(a) the inspector required the person to state the person's name and 5
address on suspicion of the person having committed an offence 6
against this Act; and 7
(b) the person is not proved to have committed the offence. 8
to require production of documents 9
Power
35.(1) An inspector may require a person to produce a document 10
required to be held or kept by the person under this Act to the inspector for 11
inspection. 12
(2) The person must comply with the requirement, unless the person has 13
a reasonable excuse for not complying with it. 14
Maximum penalty--50 penalty units. 15
(3) The inspector may keep the document to take an extract from, or 16
make a copy of, the document. 17
(4) If the inspector makes a copy of the document, or an entry in the 18
document, the inspector may require the person responsible for keeping the 19
document to certify the copy as a true copy of the document or entry. 20
(5) The person responsible for keeping the document must comply with 21
a requirement made under subsection (4), unless the person has a 22
reasonable excuse for not complying with it. 23
Maximum penalty--50 penalty units. 24
(6) The inspector must return the document to the person as soon as 25
practicable after taking the extract or making the copy. 26
s 36 25 s 37
Agricultural Standards
5--Other enforcement matters 1
Division
of agricultural requirement that is a serious risk to health 2
Destruction
36.(1) If an inspector enters a place under this Part and finds in the place 3
an agricultural requirement the inspector believes, on reasonable grounds, is 4
a serious risk of substantial harm to a person's or animal's health, trade or 5
commerce, or the environment, the inspector may destroy the agricultural 6
requirement or require the occupier of the place to make the agricultural 7
requirement harmless. 8
(2) A person must comply with the requirement, unless the person has a 9
reasonable excuse. 10
Maximum penalty--80 penalty units. 11
of samples 12
Analysis
37.(1) The chief executive may have a sample taken by an inspector 13
analysed. 14
(2) A person must not knowingly or fraudulently-- 15
(a) tamper with a thing so a sample of the thing taken by an inspector 16
when analysed does not correctly represent the thing or its 17
qualities; or 18
(b) tamper with a sample taken by an inspector for analysis. 19
Maximum penalty--40 penalty units. 20
(3) If a particular method of analysis has been prescribed under a 21
standard or under the regulations, the analyst must follow the method. 22
(4) The chief executive must obtain from the analyst a certificate or report 23
stating the analysis result. 24
(5) If the analysis result shows the thing does not comply with this Act, 25
the chief executive must give the person from whom the analysed thing was 26
obtained a copy of the certificate or report. 27
s 38 26 s 40
Agricultural Standards
of analysis results 1
Publication
38. The chief executive may publish a document containing-- 2
(a) the analysis results; or 3
(b) the name and address of the person from whom the analysed 4
thing was obtained; or 5
(c) the name and address of the person who manufactured, packed, 6
distributed or sold the analysed thing; or 7
(d) the name and address of the person in charge of the analysed 8
thing; or 9
(e) an explanation of, and comment on, the analysis results. 10
or misleading information 11
False
39.(1) A person must not-- 12
(a) state anything to an inspector the person knows is false or 13
misleading in a material particular; or 14
(b) omit from a statement made to an inspector anything without 15
which the statement is, to the person's knowledge, misleading in 16
a material particular. 17
Maximum penalty--40 penalty units. 18
(2) It is enough for a complaint against a person for an offence against 19
subsection (1)(a) or (b) to state that the statement made was false or 20
misleading to the person's knowledge. 21
misleading or incomplete documents 22
False,
40.(1) A person must not give the chief executive or an inspector a 23
document containing information the person knows is false, misleading or 24
incomplete in a material particular. 25
Maximum penalty--40 penalty units. 26
(2) Subsection (1) does not apply to a person who, when giving the 27
document-- 28
(a) informs the chief executive or inspector, to the best of the 29
s 41 27 s 42
Agricultural Standards
person's ability, how it is false, misleading or incomplete; and 1
(b) if the person has, or can reasonably obtain, the correct 2
information--gives the correct information to the chief executive 3
or inspector. 4
5
Compensation
41.(1) A person may claim compensation from the State if the person 6
incurs loss or expense because of the exercise or purported exercise of a 7
power under this Act, including, for example, in complying with a 8
requirement made of the person under this Part. 9
(2) Payment of compensation may be claimed and ordered in a 10
proceeding for-- 11
(a) compensation brought in a court of competent jurisdiction; or 12
(b) an offence against this Act brought against the person making the 13
claim for compensation. 14
(3) A court may order the payment of compensation for the loss or 15
expense only if it is satisfied it is just to make the order in the circumstances 16
of the particular case. 17
(4) A regulation may prescribe matters that may, or must, be taken into 18
account by the court when considering whether it is just to make the order. 19
on conviction 20
Forfeiture
42.(1) On the conviction of a person for an offence against this Act, the 21
court may order the forfeiture to the State of the thing the subject of the 22
offence. 23
(2) The court may make an order under subsection (1) in relation to a 24
thing-- 25
(a) whether or not the thing has been seized under this Act; and 26
(b) if the thing has been seized--whether or not the thing has been 27
returned to its owner. 28
(3) The court may make any order to enforce the forfeiture that it 29
considers appropriate. 30
s 43 28 s 45
Agricultural Standards
(4) This section does not limit the court's powers under the Penalties 1
and Sentences Act 1992 or another law. 2
with forfeited things 3
Dealing
43.(1) On the forfeiture of a thing, the thing becomes the State's property 4
and may be dealt with by the chief executive as the chief executive considers 5
appropriate. 6
(2) Without limiting subsection (1), the chief executive may-- 7
(a) sell it to its previous owner or a person who had a legal or 8
beneficial interest in it; or 9
(b) sell it to anyone else; or 10
(c) destroy it or give it away. 11
to give notice of damage 12
Inspector
44.(1) This section applies if an inspector damages anything when 13
exercising or purporting to exercise a power under this Act. 14
(2) The inspector must immediately give written notice of the particulars 15
of the damage to the person who appears to be the thing's owner. 16
(3) If, for any reason, it is not practicable to comply with subsection (2), 17
the inspector must leave the notice, in a reasonably secure way and in a 18
conspicuous position, at the place where the damage happened. 19
(4) This section does not apply to damage the inspector believes, on 20
reasonable grounds, is trivial. 21
(5) In this section-- 22
"owner" of a thing includes the person in possession or control of the 23
thing. 24
inspectors 25
Obstructing
45. A person must not obstruct an inspector exercising a power under 26
this Act, unless the person has a reasonable excuse. 27
Maximum penalty--60 penalty units. 28
s 46 29 s 48
Agricultural Standards
inspectors 1
Impersonating
46. A person must not pretend to be an inspector. 2
Maximum penalty--60 penalty units. 3
ART 5--REVIEW OF DECISIONS 4
P
may apply for review etc. 5
Who
47.(1) A person whose interests are adversely affected by a decision of 6
the chief executive under this Act, other than a decision under this Part, 7
Part 2 (Standards) or Part 4 (Enforcement of Act) may apply to the chief 8
executive for a review of the decision. 9
(2) A person whose interests are adversely affected by an inspector's 10
decision under section 36 (Destruction of agricultural requirement that is a 11
serious risk to health) may apply to the chief executive for a review of the 12
decision. 13
(3) A person who may seek a review of a decision is entitled to receive a 14
statement of reasons for the decision. 15
for review 16
Applying
48.(1) An application by a person for review of a decision must be made 17
within 28 days after notice of the decision is given to the person. 18
(2) However, if-- 19
(a) the notice did not state reasons for the decision; and 20
(b) the person asked for a statement of reasons for the decision 21
within the period mentioned in subsection (1); 22
the person may make the application within 28 days after the person is 23
given the statement of reasons. 24
(3) In addition, the chief executive may extend the period for making an 25
application for review. 26
s 49 30 s 50
Agricultural Standards
(4) An application for review must be written and state in detail the 1
grounds on which the applicant seeks review of the decision. 2
executive's decision on review 3
Chief
49.(1) The chief executive must make a decision on an application for 4
review within 28 days after the application is made. 5
(2) If the decision is not made within the 28 day period, the chief 6
executive is taken to have made a decision at the end of the period 7
confirming the original decision. 8
of operation of original decision etc. 9
Stay
50.(1) If an application is made under this Part for review of a decision, 10
the applicant may immediately apply to the Magistrates Court for a stay of 11
the decision. 12
(2) The Magistrates Court may stay the decision to secure the 13
effectiveness of the review and any later appeal to the Court. 14
(3) A stay-- 15
(a) may be given on conditions the Magistrates Court considers 16
appropriate; and 17
(b) operates for the period fixed by the Court; and 18
(c) may be revoked or amended by the Court. 19
(4) The period of a stay under this section must not extend past the time 20
when the chief executive reviews the decision and any later period the 21
Magistrates Court allows the applicant to enable the applicant to appeal 22
against the chief executive's decision. 23
(5) The making of an application under this Part for review of a decision 24
affects the decision, or the carrying out of the decision, only if the decision 25
is stayed. 26
s 51 31 s 53
Agricultural Standards
PART 6--APPEALS 1
may appeal 2
Who
51.(1) A person who is dissatisfied with a decision of the chief executive 3
or an inspector may appeal to the Magistrates Court only if the person has 4
sought a review of the decision by the chief executive. 5
(2) The decision against which the person may appeal is the decision on 6
review and not the original decision. 7
to start appeal 8
How
52.(1) An appeal is started by-- 9
(a) filing a written notice of appeal with the Magistrates Court; and 10
(b) complying with rules of court applicable to the appeal. 11
(2) A copy of the notice must be served on the chief executive. 12
(3) An appeal may be made to the Magistrates Court nearest the place 13
where the applicant resides or carries on business. 14
of operation of decisions 15
Stay
53.(1) The Magistrates Court may grant a stay of a decision appealed 16
against to secure the effectiveness of the appeal. 17
(2) A stay-- 18
(a) may be given on the conditions the Magistrates Court considers 19
appropriate; and 20
(b) operates for the period fixed by the Court; and 21
(c) may be revoked or amended by the Court. 22
(3) The period of a stay under this section must not extend past the time 23
when the Magistrates Court decides the appeal. 24
(4) An appeal against a decision affects the decision, or carrying out of 25
the decision, only if the decision is stayed. 26
s 54 32 s 57
Agricultural Standards
of Magistrates Court on appeal 1
Powers
54.(1) In deciding an appeal, the Magistrates Court-- 2
(a) has the same powers as the decision maker; and 3
(b) is not bound by the rules of evidence; and 4
(c) must comply with natural justice; and 5
(d) may hear the appeal in court or in chambers. 6
(2) An appeal is by way of rehearing. 7
(3) The Magistrates Court may-- 8
(a) confirm the decision; or 9
(b) set aside the decision and substitute another decision; or 10
(c) set aside the decision and return the issue to the decision maker 11
with the directions the Court considers appropriate. 12
of Magistrates Court's decision on appeal 13
Effect
55. If the Magistrates Court substitutes another decision, the substituted 14
decision is, for this Act (other than this Part), taken to be the chief 15
executive's decision. 16
of court 17
Procedure
56.(1) The Court's power to make rules of court under the Magistrates 18
Courts Act 1921 includes power to make rules of court for appeals to the 19
Court under this Part. 20
(2) The procedure for appeal to the Court under this Part is, in the 21
absence of relevant rules, as directed by a Magistrate. 22
23
Appeals
57. An appeal to a District Court from a decision of a Magistrates Court 24
may be made only on a question of law. 25
s 58 33 s 61
Agricultural Standards
PART 7--LEGAL PROCEEDINGS 1
are summary offences 2
Offences
58. An offence against this Act is a summary offence for which a 3
proceeding is to be brought under the Justices Act 1886. 4
to commit offences 5
Attempts
59.(1) A person who attempts to commit an offence commits an offence. 6
Maximum penalty--1/2 the maximum penalty for committing the attempted 7
offence. 8
(2) Section 4 (Attempts to commit offences) of the Criminal Code 9
applies to the attempt. 10
on time for starting proceedings 11
Limitation
60. A proceeding for an offence may be started within-- 12
(a) 1 year after the offence is committed; or 13
(b) 1 year after the offence comes to the complainant's knowledge, 14
but within 2 years after the offence is committed. 15
16
Evidence
61.(1) This section applies to a proceeding under this Act only if a party 17
to the proceeding does not challenge the matter mentioned in this section 18
under section 62 (Evidence of certain matters--notice of challenge 19
required). 20
(2) The appointment of the chief executive or an inspector, or the 21
authority of the chief executive or an inspector to do anything under this 22
Act, must be presumed. 23
(3) A signature purporting to be the signature of the chief executive or an 24
inspector is evidence of the signature it purports to be. 25
(4) A certificate purporting to be signed by the chief executive or an 26
inspector is evidence of the following matters stated in the certificate-- 27
s 62 34 s 62
Agricultural Standards
(a) a stated document is-- 1
(i) an approval or licence or copy of an approval or licence; or 2
(ii) a direction, requirement or decision, or a copy of a direction, 3
requirement or decision, given or made under this Act; or 4
(iii) a document, a copy of a document or an extract from a 5
document kept under this Act; 6
(b) on a stated day, or during a stated period, a stated person was or 7
was not the holder of a stated approval or licence; 8
(c) a stated approval or licence was or was not in force on a stated 9
day or during a stated period; 10
(d) on a stated day, a stated approval or licence was suspended for a 11
stated period or was cancelled; 12
(e) on a stated day, a stated person was given a stated direction or 13
requirement under this Act; 14
(f) a stated fee is payable under this Act by a stated person and has 15
not been paid. 16
(5) A certificate or report purporting to be signed by an analyst is 17
evidence of the following matters stated in the certificate or report-- 18
(a) the analyst received from a stated person the sample mentioned in 19
the certificate or report; 20
(b) the analyst analysed the sample on a stated day and at a stated 21
place; 22
(c) the results of the analysis. 23
of certain matters--notice of challenge required 24
Evidence
62.(1) This section applies if a summons has been served on a person 25
for, or a person has been charged with, an offence under this Act. 26
(2) A notice in the approved form (the "notice") must be served on the 27
person when the person is served with the summons or charged with the 28
offence. 29
(3) The notice may be served on the person in the same way as a 30
summons may be served under section 56 (Service of summons) of the 31
s 62 35 s 62
Agricultural Standards
Justices Act 1886. 1
(4) The notice must inform the person that, if the person intends 2
challenging any of the following matters, the person must give the chief 3
executive written notice of the intention at least 14 days before the day fixed 4
for the hearing-- 5
(a) the appointment of the chief executive or an inspector; 6
(b) the authority of the chief executive or an inspector to do anything 7
under this Act; 8
(c) a signature purporting to be the signature of the chief executive or 9
an inspector; 10
(d) matters mentioned in section 61(4) and stated in a certificate 11
purporting to be signed by the chief executive or an inspector; 12
(e) matters mentioned in section 61(5) and stated in a certificate or 13
report purporting to be signed by an analyst; 14
(f) an allegation or averment in a complaint about the following 15
matters-- 16
(i) an agricultural requirement was sold or prepared for sale; 17
(ii) a package containing an agricultural requirement was not 18
labelled or marked as prescribed; 19
(iii) a material is an agricultural requirement or was sold, used, 20
or intended for sale or use as an agricultural requirement. 21
(5) If a summons is served on the person, a statement in a deposition 22
made for section 56(3)(b) of the Justices Act 1886 that the notice was 23
served as required by subsection (2) is evidence of the fact. 24
(6) Section 56(5) of the Justices Act 1886 applies to the deposition. 25
(7) If the person is charged with an offence mentioned in subsection (1), 26
a statement in a deposition made for section 56(7) of the Justices Act 1886 27
that the notice was served as required by subsection (2) is evidence of the 28
fact. 29
(8) Section 56(8) of the Justices Act 1886 applies to the deposition. 30
s 63 36 s 66
Agricultural Standards
certificate or report produced by defendant 1
Analyst's
63.(1) A certificate or report of the result of an analysis, produced by the 2
defendant in a prosecution, that purports to be signed by a person competent 3
to make the analysis is evidence of its contents. 4
(2) The defendant must send a copy of the certificate or report to the 5
prosecutor at least 7 days before the day set down for the hearing. 6
of analysis to be paid by offenders on conviction 7
Expenses
64. If a person is convicted of an offence against this Act, the court may 8
order the person to pay all costs of, and incidental to, the analysis of the 9
thing in relation to which the conviction is obtained. 10
from liability 11
Protection
65.(1) In this section-- 12
"official" means-- 13
(a) an inspector; or 14
(b) a person acting under the direction of an inspector. 15
(2) An official is not civilly liable for an act or omission done honestly 16
and without negligence under this Act. 17
(3) If subsection (2) prevents civil liability attaching to an official, the 18
liability attaches instead to the State. 19
ART 8--MISCELLANEOUS 20
P
executive may delegate 21
Chief
66.(1) The chief executive may delegate the chief executive's powers 22
under this Act to-- 23
(a) a committee established by the chief executive; or 24
(b) an officer or employee of the public service; or 25
s 67 37 s 68
Agricultural Standards
(c) an officer or employee of an entity prescribed by regulation; or 1
(d) an officer or employee of the Commonwealth or another State. 2
(2) A delegation of a power to an entity prescribed by regulation may 3
permit the subdelegation of the power. 4
(3) This section does not limit the chief executive's powers of delegation 5
under other laws. 6
7
Regulations
67.(1) The Governor in Council may make regulations under this Act. 8
(2) A regulation may-- 9
(a) impose fees; or 10
(b) create offences and prescribe penalties of not more than 11
50 penalty units for each offence; or 12
(c) provide for approvals or licences to be obtained by persons 13
wishing to engage in agriculture; or 14
(d) provide for the marking of plants or animals; or 15
(e) provide for anything that may be provided for in a standard. 16
17
Example of paragraph (d)--
18
The marking or non-marking of animals in relation to the use or non-use of
19
hormonal growth promotants.
ART 9--TRANSITIONAL PROVISIONS 20
P
21
Definitions
68. In this Part-- 22
"changeover day" means-- 23
(a) the day that is 6 months after the commencement; or 24
(b) if an earlier day is fixed by regulation--the earlier day. 25
s 69 38 s 72
Agricultural Standards
"commencement" means the commencement of this Act. 1
"former Act" means the Agricultural Standards Act 1952. 2
permissions 3
Existing
69.(1) This section applies if, immediately before the commencement, 4
something was permitted under the former Act. 5
(2) The permission is taken to be granted under this Act and to permit, to 6
the greatest practicable extent, the same thing. 7
(3) However, it does not permit something that cannot be permitted 8
under an approval granted under this Act. 9
(4) The permission is, to the greatest practicable extent, subject to the 10
conditions that applied immediately before the commencement. 11
(5) This section expires 6 months after the commencement. 12
13
Inspectors
70.(1) A person who immediately before the commencement was an 14
inspector or seed certification officer under the former Act, or an inspector 15
under the Stock Act 1915, is taken to be an inspector. 16
(2) This section expires 6 months after the commencement. 17
orders etc. 18
Existing
71.(1) An order, direction, requirement or other decision made under the 19
former Act is, if its effect is not exhausted at the commencement, subject to 20
appeal under this Act in the same way as if it were an order, direction, 21
requirement or other decision made under this Act. 22
(2) This section expires 2 months after the commencement. 23
regulations and rules 24
Existing
72.(1) A regulation or rule in force under the former Act immediately 25
before the commencement remains in force, subject to amendment or repeal 26
by a regulation or standard under this Act, for this Act. 27
s 73 39 s 74
Agricultural Standards
(2) The regulation or rule is to be read with the changes necessary to 1
make it consistent with, and adapt its operation to, this Act. 2
(3) The regulation or rule expires 6 months after the commencement 3
unless earlier repealed. 4
(4) This section expires 6 months after the commencement. 5
regulations 6
Transitional
73.(1) A regulation may make provision about a matter for which-- 7
(a) provision is made under the former Act; and 8
(b) the Governor in Council considers no provision, or insufficient 9
provision, is made about the matter under this Part. 10
(2) The regulation may be given retrospective effect to a day not earlier 11
than the commencement. 12
(3) The regulation expires 6 months after the commencement unless 13
earlier repealed. 14
(4) This section expires 6 months after the commencement. 15
of Act 16
Review
74.(1) The Minister must review this Act to decide whether its 17
provisions remain appropriate. 18
(2) The review must be carried out as soon as practicable after the end of 19
the period of 5 years starting on the commencement. 20
(3) As soon as practicable, but within 1 year after the end of the 5 year 21
period, the Minister must table a report of the review's outcome in the 22
Legislative Assembly. 23
s 75 40 s 75
Agricultural Standards
ART 10--REPEALS 1
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2
Repeals
75. The following Acts are repealed-- 3
· Agricultural Standards Act 1952 1 Eliz 2 No. 12 4
· Agricultural Standards Act Amendment Act 1963 No. 40 5
· Agricultural Standards Act Amendment Act 1981 No. 16 6
· Agricultural Standards Amendment Act 1992 No. 43 7
· Agricultural Standards Amendment Act 1993 No. 23. 8
9
© State of Queensland 1994
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