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TASMANIA
__________
AGRICULTURAL AND VETERINARY
CHEMICALS (CONTROL OF USE) AMENDMENT
BILL 2006
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Part 5A inserted
PART 5A Infringement notices
46A. Service of infringement notice
46B. Form of infringement notice
46C. Acceptance of infringement notice
46D. Extension of acceptance period
46E. Payment
46F. Effect of acceptance
46G. Withdrawal of infringement notice
46H. Certain evidence not admissible
46I. Payment to Consolidated Fund
46J. Delegation
[Bill 41]-IX
2
AGRICULTURAL AND VETERINARY
CHEMICALS (CONTROL OF USE) AMENDMENT
BILL 2006
(Brought in by the Minister for Primary Industries and Water,
the Honourable David Edward Llewellyn)
A BILL FOR
An Act to amend the Agricultural and Veterinary Chemicals
(Control of Use) Act 1995
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Agricultural and
Veterinary Chemicals (Control of Use)
Amendment Act 2006.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 41] 3
Agricultural and Veterinary Chemicals (Control of Use)
Amendment Act 2006
Act No. of
s. 3
3. Principal Act
In this Act, the Agricultural and Veterinary
Chemicals (Control of Use) Act 1995* is
referred to as the Principal Act.
4. Part 5A inserted
After section 46 of the Principal Act, the
following Part is inserted:
PART 5A INFRINGEMENT NOTICES
46A. Service of infringement notice
The Registrar or an inspector may serve
an infringement notice on a person, other
than a person who has not attained the
age of 16 years, if the Registrar or
inspector is of the opinion that the person
has committed a prescribed offence.
46B. Form of infringement notice
(1) An infringement notice
(a) is not to relate to more than 3
offences; and
(b) is to be in a form approved by the
Registrar; and
*No. 106 of 1995
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Agricultural and Veterinary Chemicals (Control of Use)
Amendment Act 2006
Act No. of
s. 4
(c) is to specify
(i) the offence to which it
relates; and
(ii) the person alleged to have
committed the offence;
and
(iii) the prescribed penalty for
that offence; and
(iv) the total amount payable
under the notice; and
(v) the place at which the
penalty is to be paid; and
(vi) any other prescribed
details.
(2) An infringement notice is to state that the
person on whom it is served may
disregard the notice but that, on doing so,
he or she may be prosecuted for the
offence to which the notice relates.
46C. Acceptance of infringement notice
A person may accept an infringement
notice by doing either of the following
within 21 days after being served with
the notice:
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Agricultural and Veterinary Chemicals (Control of Use)
Amendment Act 2006
Act No. of
s. 4
(a) paying the total amount payable
at the place specified in the
notice;
(b) lodging, at that place, a written
undertaking to pay that amount.
46D. Extension of acceptance period
If an infringement notice is not accepted
before the period referred to in
section 46C expires, a clerk of petty
sessions may allow one further period of
14 days, commencing on that expiry, for
the acceptance of the notice.
46E. Payment
(1) A person who undertakes under
section 46C(b) to pay any amount
payable under an infringement notice
may make representations to a clerk of
petty sessions in relation to the person's
ability to pay the amount.
(2) The clerk of petty sessions is to take the
person's representations into account
before determining the period within
which the amount is to be paid.
(3) The clerk of petty sessions may
determine the period, not exceeding 60
days from the day on which the notice
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Agricultural and Veterinary Chemicals (Control of Use)
Amendment Act 2006
Act No. of
s. 4
was served, within which the amount is
to be paid.
(4) If a person fails to pay any amount in
accordance with an undertaking, the
same proceedings may be taken against
the person in respect of the amount
remaining outstanding as if it were a
penalty imposed on the person on
summary conviction.
46F. Effect of acceptance
(1) The acceptance of an infringement notice
is not an admission of liability in any
civil proceedings.
(2) Proceedings against a person for an
offence to which an infringement notice
that has not been withdrawn relates are
not to be brought
(a) if the person accepts the
infringement notice; or
(b) within
(i) 28 days after the notice
was served if the person
has not been allowed a
further period under
section 46D; or
(ii) 42 days after the notice
was served if the person
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Agricultural and Veterinary Chemicals (Control of Use)
Amendment Act 2006
Act No. of
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has been allowed a further
period under section 46D.
46G. Withdrawal of infringement notice
(1) The Registrar may withdraw an
infringement notice served on a person if
the Registrar is of the opinion that
(a) the infringement notice should
not have been served; or
(b) the person should be proceeded
against for the offence to which
the notice relates.
(2) An infringement notice may be
withdrawn whether or not it has been
accepted.
(3) An infringement notice served on a
person is to be withdrawn by serving on
the person a notice of withdrawal within
108 days after the service of the
infringement notice.
(4) As soon as practicable after a notice of
withdrawal is served, any sum that the
person has paid by way of penalty under
the infringement notice must be repaid to
the person.
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Agricultural and Veterinary Chemicals (Control of Use)
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Act No. of
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46H. Certain evidence not admissible
Evidence of the service, acceptance or
withdrawal of an infringement notice is
not admissible in any proceedings for the
offence to which the notice relates unless
it is alleged that the proceedings have
been taken in contravention of
section 46F(2).
46I. Payment to Consolidated Fund
Any payments made in respect of an
infringement notice are payable into the
Consolidated Fund.
46J. Delegation
The clerk of petty sessions may delegate
any of his or her functions or powers
under this Part, other than this power of
delegation.
Government Printer, Tasmania 9