CHEMICAL USAGE (AGRICULTURAL AND VETERINARY) CONTROL ACT 1988 - SECT 12E
Use of unregistered veterinary chemical products
CHEMICAL USAGE (AGRICULTURAL AND VETERINARY) CONTROL ACT 1988 - SECT 12E
Use of unregistered veterinary chemical products
12E Use of unregistered veterinary chemical products
(1) A veterinary surgeon must not use, or prescribe, supply or recommend an
unregistered veterinary chemical product for use to treat an animal.
Penalty—
Maximum penalty for subsection (1) —600 penalty units.
(2) Subsection (1) does not apply if the product is used, or prescribed,
supplied or recommended for use in a way authorised by a permit or prescribed
under a regulation.
(3) It is a defence to a prosecution for an offence
against subsection (1) to prove the product was used, or prescribed, supplied
or recommended for use in a way authorised under section 12For 12G.
(4) A
person, other than a veterinary surgeon, must not use an unregistered
veterinary chemical product to treat an animal.
Penalty—
Maximum
penalty for subsection (4) —600 penalty units.
Note—
This subsection is an executive liability provision—see section 30A.
(5) Subsection (4) does not apply if the product is used in a way
authorised by a permit or prescribed under a regulation.
(6) It is a defence
to a prosecution for an offence against subsection (4) to prove the product
was used in a way authorised under section 12H.
(7) It is also a defence to
a prosecution for an offence against subsection (1) or (4) to prove—
(a) the
product was a registered veterinary chemical product at some time in the 2
years immediately before its use by the defendant; and
(b) the product’s
registration ended under section 47 (2) or (3) of the Agvet Code ; and
(c)
the defendant’s use of the product did not contravene an instruction that
appeared on the approved label for containers for the product immediately
before the product’s registration ended; and
(d) the label was attached to
the product’s container immediately before the product was taken from the
container.
(8) This section is an eligible law for the definition
‘permit’ under section 109 of the Agvet Code .