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CHEMICAL USAGE (AGRICULTURAL AND VETERINARY) CONTROL ACT 1988 - SCHEDULE

CHEMICAL USAGE (AGRICULTURAL AND VETERINARY) CONTROL ACT 1988 - SCHEDULE

SCHEDULE Dictionary


"active constituent" see the Agvet Code , section 3 .


"agricultural chemical product" see the Agvet Code , section 3 .


"agricultural ERA" , for part 2 , division 3 , see the Environmental Protection Act 1994 , section 79 .


"agricultural produce" means any plant or part thereof, or the produce of a plant, whether processed or not, that is intended or normally used for human or animal consumption.


"Agvet Code" means the provisions applying because of section 5 of the Agricultural and Veterinary Chemicals (Queensland) Act 1994 .


"analysis" means analysis or examination or analysis and examination and includes any test or determination relative to—

(a) standard, quality, composition, physical property or any other particular of a chemical or other substance whatsoever; or
(b) detection, identification or determination of the amount of the residue of a chemical in or on any substance.

"analyst" means an analyst appointed for the purposes of this Act.


"animal" see the Agvet Code , section 3 .


"approved label" see the Agvet Code , section 3 .


"APVMA" see the Agvet Code , section 3 .


"authorised veterinary purpose" ...


"Board" ...


"carrying out" , an agricultural ERA, see section 12W .


"chemical"
1 A chemical is—
(a) a chemical product; or
(b) another substance prescribed under a regulation to be a chemical.
2 For paragraph 1(b), a contaminant within the meaning of the Biosecurity Act 2014 can not be prescribed under a regulation to be a chemical.

"chemical product" see the Agvet Code , section 3 .


"compounded veterinary chemical product" means a product mentioned in section 5 (4) of the Agvet Code .


"container" see the Agvet Code , section 3 .


"crop" ...


"disease" ...


"distinguishing number" , for a chemical product, means a number, together with 1 or more letters or symbols, given to the product on its registration by the APVMA.


"executive officer" , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.


"expiry date"
(a) for a compounded veterinary chemical product—means the date the product’s treatment period ends; and
(b) otherwise—see the Agvet Code , section 3 .

"fertiliser" means any material used or intended as a fertiliser or manure, or for supplying nutriment for the use of plants, or for remedying or assisting to remedy any deficiency or excess in the soil and includes any substance prescribed to be a fertiliser for the purposes of this Act.


"food-producing species" has the meaning given by the Agvet Code but does not include a horse.


"in charge" , of an animal—
1 A person is in charge of an animal if the person—
(a) owns or has a lease, licence or other proprietary interest in the animal; or
(b) has custody of the animal.
2 However, a person who holds a mortgage or other security interest in an animal becomes in charge of the animal only if the person takes a step to enforce the mortgage or other security.

"information notice" means a notice complying with the QCAT Act , section 157 (2) .


"inspector" means an inspector appointed under this Act, and includes the standards officer and a deputy standards officer.


"instruction" see the Agvet Code , section 3 .


"label" see the Agvet Code , section 3 .


"land" means land under the Biosecurity Act 2014.


"major trade species animal" means a trade species animal that is one of the following—
(a) cattle, sheep, pigs or domestic fowl (Gallus domesticus);
(b) another trade species animal declared under a regulation to be a major trade species animal.

"manufactured stock food" ...


"maximum residue limit" means the following—
(a) for the residue of a chemical in or on agricultural produce or manufactured stock food—the maximum residue limit prescribed under a regulation;
(b) for the residue of a chemical in a trade species animal or a product derived from a trade species animal—the maximum residue limit prescribed under a regulation for the tissue of the animal or the product derived from the animal.

"Minister" ...


"National Registration Authority" ...


"NRA" ...


"obstruct" includes hinder, resist and attempt to obstruct.


"occupier" , in relation to land, means the person in actual occupation of the land or, if there is no person in actual occupation, the person entitled to possession of the land.


"officer" means—
(a) the standards officer or a deputy standards officer; or
(b) an inspector; or
(c) an analyst.

"owner" , in relation to land, means the person other than the Crown who for the time being is entitled to receive the rent of that land either of the person’s own account or on account of some other person or who, if the same were let to a tenant at a rack rent, would be entitled to receive the rent thereof, and includes the holder of any lease or licence or permission from the Crown, or any person deriving title thereunder.


"package" , in relation to any chemical, or other substance whatsoever, means anything in or by which the chemical or substance is wholly or partly cased, covered, enclosed, contained or packed.


"permit" see the Agvet Code , section 3 .


"pest" see the Agvet Code , section 3 .


"pharmacist" means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession, other than as a student.


"plant" see the Agvet Code , section 3 .


"preparing" , for a prescribed agricultural ERA product, see section 12W .


"prescribed agricultural ERA conditions" see section 12W .


"prescribed agricultural ERA product" see section 12W .


"prescription animal remedy" ...


"primary dealer" of a chemical means the person responsible for placing the chemical on the market in Queensland (whether as manufacturer, importer, distributor, seller, agent or in another capacity).


"proscribed chemical" means a chemical proscribed under section 11C .


"registered" ...


"registered agricultural chemical product" means an agricultural chemical product that is a registered chemical product.


"registered chemical product" see the Agvet Code , section 3 .


"registered veterinary chemical product" means a veterinary chemical product that is a registered chemical product.


"relevant thing" , for part 2 , division 4 , see section 13F .


"representative" , of a person, means—
(a) if the person is a corporation—an executive officer, employee or agent of the corporation; or
(b) if the person is an individual—an employee or agent of the individual.

"residue" , in relation to a chemical, includes, in addition to any of that chemical, any derivative or metabolite of the chemical.


"restraint statement" means a statement, on a product’s label, usually under the heading ‘restraints’, about the situations in which use of the product is restricted.
Examples of the starting words of a restraint statement—
1 ‘For use only by or under’
2 ‘Do not use’
3 ‘Not to be used’
4 ‘Use only’

"single" , for treatment of an animal, means—
(a) the animal is on its own; or
(b) the animal is from a group of animals in which no other animal in the group, or on the same property, is treated in the same way.

"Standards Act" ...


"standards officer" ...


"stock..."


"supply" see the Agvet Code , section 3 .


"trade species animal" means—
(a) a food-producing species; or
(b) an animal, other than a food-producing species, kept or used for trading in products derived from the animal, for example wool, feathers, skin or bone.

"unregistered chemical" means a chemical that is not a registered chemical product.


"unregistered veterinary chemical product" means a veterinary chemical product that is not a registered veterinary chemical product, and includes, for example—
(a) a human pharmaceutical product; and
(b) a chemical product intended for use as an agricultural chemical product.

"use" , in relation to a chemical, means to administer, apply, disperse, inject, spray or spread the chemical or to use the chemical by similar means.


"veterinary chemical product" see the Agvet Code , section 3 .


"veterinary surgeon" means a person registered as a veterinary surgeon under the Veterinary Surgeons Act 1936 .


"wholesale dealer" ...


"withholding period" see section 12S .