CHEMICAL USAGE (AGRICULTURAL AND VETERINARY) CONTROL ACT 1988 - SECT 13A
Use of unregistered agricultural chemical products
CHEMICAL USAGE (AGRICULTURAL AND VETERINARY) CONTROL ACT 1988 - SECT 13A
Use of unregistered agricultural chemical products
13A Use of unregistered agricultural chemical products
(1) A person must not use an agricultural chemical product unless it is a
registered agricultural chemical product.
Penalty—
Maximum penalty for
subsection (1) —600 penalty units.
Note—
This subsection is an executive liability provision—see section 30A.
(2) Subsection (1) does not apply if—
(a) the product is used in a way
authorised by a permit; or
(b) the product is prescribed for this subsection
under a regulation.
(3) It is a defence to a prosecution for an offence
against subsection (1) to prove—
(a) the product was a registered
agricultural 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; and
(e) if the offence relates to the use of a prescribed agricultural ERA product
for carrying out an agricultural ERA—the defendant’s use of the product
complied with the prescribed agricultural ERA conditions for the product.
(4)
This section is an eligible law for the definition ‘permit’ under section
109 of the Agvet Code .