CHEMICAL USAGE (AGRICULTURAL AND VETERINARY) CONTROL ACT 1988 - As at 1 March 2023 - Act 103 of 1988

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Short title
• 2 Commencement
3. (Repealed)
• 4 Definitions
• 4A Words and expressions used in Agvet Code and this Act
• 4B Appointment of standards officers
• 4C Powers and functions of standards officers
• 4D Delegation by standards officer
• 5 Appointment of inspectors and analysts
• 5A Limitation of inspector’s powers
• 5B Inspector’s identity card
• 5C Production or display of inspector’s identity card
• 6 Maximum residue limit

PART 2 - USE OF CHEMICALS AND SUBSTANCES HAVING CHEMICAL RESIDUES

Division 1 - Chemicals generally

• 7 Use of registered agricultural and veterinary chemical products taken from unlabelled containers
• 8 Use of controlled chemicals
8A. (Repealed) 8B. (Repealed) 8C. (Repealed)
• 9 Person not to possess or use proscribed chemical
• 10 Person not to dispose of package or chemical in improper manner
• 11 Claims inconsistent with labels
• 11A Claims about unregistered chemicals
• 11B Use of package that contained chemical
• 11C Governor in Council may proscribe chemicals

Division 2 - Veterinary chemical products

• 12 Use of registered veterinary chemical products
• 12A Use by veterinary surgeon on animals other than major trade species
• 12B Use by veterinary surgeon on major trade species animals
• 12C Supply by veterinary surgeon to others
• 12D Use by other persons in way stated in veterinary surgeon’s instructions
Subdivision 2 - Unregistered veterinary chemical products
• 12E Use of unregistered veterinary chemical products
• 12F Use by veterinary surgeon
• 12G Supply by veterinary surgeon to others
• 12H Use by other persons in way stated in veterinary surgeon’s instructions
Subdivision 3 - Compounded veterinary chemical products
• 12I Use of compounded veterinary chemical products
• 12J Use by veterinary surgeon
• 12K Supply by pharmacist
• 12L Use by other persons in way stated in written instructions
Subdivision 4 - Information to be given by veterinary surgeon or pharmacist about the treatment of an animal
• 12M Information to be given by veterinary surgeon or pharmacist
• 12N Information to be included in instructions
• 12O Instructions must be kept
Subdivision 5 - Information to be given by person other than veterinary surgeon or pharmacist
• 12P Information to be given to person in charge of animal
• 12Q Information to be included in written advice
Subdivision 6 - Records to be kept
• 12R Records to be kept by veterinary surgeon
Subdivision 7 - Withholding period
• 12S Meaning of withholding period
• 12T Identification of animals to which withholding period applies
• 12U Notice of treatment on supply of trade species animal
• 12V Observance of withholding period

Division 3 - Agricultural chemical products

• 12W Definitions for div 3
Subdivision 2 - General provisions
• 13 Use of registered agricultural chemical products in contravention of labels
• 13A Use of unregistered agricultural chemical products
• 13B Compliance with instructions
Subdivision 3 - Great Barrier Reef protection measures
• 13C Prescribed agricultural ERA products and conditions
• 13D Compliance with prescribed agricultural ERA condition
• 13E Use etc. of registered agricultural ERA products for agricultural ERAs

Division 4 - Chemical residues

• 13F Definition for division
• 14 Recall of chemicals etc.
• 15 Duty to report chemical residues in or on relevant thing
15A. (Repealed)
• 16 Agricultural produce etc. containing chemical residues not to be used etc.
• 17 Approval to use etc. agricultural produce etc. or cultivate plants, or graze or keep trade species animals, on land
• 18 Destruction of agricultural produce etc. at direction of chief executive
• 19 Standards officer may cause notice under section 18 to be complied with

PART 3 - MISCELLANEOUS

• 20 Powers of inspectors
• 20A Use of body-worn cameras
• 21 Warrants
• 21A Review of particular decisions
• 22 Right of appeal to Magistrates Court for decision to seize
• 22A How to start appeal
• 22B Stay of operation of decisions
• 22C Hearing procedures
• 22D Powers of court on appeal
• 22E Appeal to District Court
23. (Repealed)
• 24 Production of records
• 25 Obstruction of inspector
• 26 Tampering with seals, samples, etc.
• 27 Analyst’s report
• 28 Prosecutions generally
• 28A Application of Justices Act 1886, s 76, not limited
• 28B Not an offence to act under direct supervision
• 29 Expenses of analysis to be paid by offenders on conviction
• 30 Responsibility for acts or omissions of representatives
• 30A Liability of executive officer—particular offences committed by corporation
• 31 Executive officer may be taken to have committed offence
• 32 Forfeiture to Crown
• 33 Supervision by inspector
• 34 Evidence, etc.
• 35 Confidentiality of information
• 36 Exchange of information with prescribed government entity
37. (Repealed)
• 38 Regulation-making power

PART 4 - TRANSITIONAL PROVISIONS

Division 1 - Transitional provision for Agricultural and Veterinary Chemicals Legislation Amendment Act 2002

• 39 Exemptions revoked

Division 2 - Transitional provision for Environmental Protection (Great Barrier Reef Protection Measures) and Other Legislation Amendment Act 2019

• 40 Definition of agricultural ERA
• SCHEDULE - Dictionary