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PARLIAMENT OF VICTORIA
Agricultural and Veterinary Chemicals (Control of
Use) (Further Amendment) Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Purposes of Principal Act 2
5. Definitions 2
6. Orders in council 3
7. Exemptions from regulations 3
8. Limiting the use of unregistered chemical products 4
9. Off-label use of chemical products 4
10. New section 21 inserted 6
21. Application of chemical products to agricultural produce 6
11. New section 32 inserted 6
32. Prohibiting misuse of registered chemical products 7
12. Repeal of section 41--statement as to damage 8
13. New section 41 inserted 8
41. Contamination by spray drift 8
14. Requirement for pilots 8
15. New heading inserted 9
16. New section 46A inserted 9
46A. Notice to operators of defective spraying equipment 9
17. New section 52 substituted and 52A inserted 10
52. Contaminated produce notice 10
52A. Regulations relating to contaminated agricultural
produce 11
18. Authorisation and identification of authorised officers 12
19. Powers of authorised officers 12
20. New sections 54A to 54I inserted 13
54A. Powers of entry and inspection with consent 13
54B. Search warrants 16
54C. Announcement before entry 18
54D. Details of warrant to be given to occupier 18
54E. Authorised officer may seek Court order 19
54F. Copies of seized documents 21
54G. Retention and return of seized documents or things 21
54H. Magistrates' Court may extend 3 month period 22
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Clause Page
54I. Protection against self-incrimination 23
21. New section 56A inserted 23
56A. Notification by commercial laboratories 23
22. Providing documents with false information 24
23. Evidentiary provisions 25
24. New section 75A inserted 25
75A. Use of money available for the purposes of this Act 25
25. Consequential amendments to section 76 26
26. Consequential amendments to Schedule 1 26
27. Consequential amendments to Agricultural and Veterinary
Chemicals (Victoria) Act 1994 26
ENDNOTES 27
ii
541204B.I1-24/8/2001 BILL LA CIRCULATION 24/8/2001
PARLIAMENT OF VICTORIA
Initiated in Assembly 22 August 2001
A BILL
to make miscellaneous amendments to the Agricultural and
Veterinary Chemicals (Control of Use) Act 1992 and a
consequential amendment to the Agricultural and Veterinary
Chemicals (Victoria) Act 1994 and for other purposes.
Agricultural and Veterinary Chemicals
(Control of Use) (Further Amendment)
Act 2001
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to make
miscellaneous amendments to the Agricultural
and Veterinary Chemicals (Control of Use) Act
5 1992 and a consequential amendment to the
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s. 2
Act No.
Agricultural and Veterinary Chemicals
(Victoria) Act 1994.
2. Commencement
This Act comes into operation on the day after the
5 day on which it receives the Royal Assent.
See: 3. Principal Act
Act No.
46/1992.
In this Act, the Agricultural and Veterinary
Reprint No. 2
Chemicals (Control of Use) Act 1992 is called
as at
8 May 1997
the Principal Act.
and
amending
Act Nos
58/1997,
46/1998,
52/1998,
33/2000,
33/2001 and
44/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
10 4. Purposes of Principal Act
In section 1 of the Principal Act, after paragraph
(c) insert--
"; and
(d) to impose controls in relation to the
15 transport, handling, sale and other dealings
with agricultural produce, fertilisers and
stock food.".
5. Definitions
In section 4(1) of the Principal Act--
20 (a) in the definition of "chief administrator", for
"Public Sector Management Act 1992"
substitute "Public Sector Management
and Employment Act 1998";
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(b) in the definition of "relevant Act", after
"Dangerous Goods Act 1985" insert
", Health Act 1958";
(c) in the definition of "sell", in paragraph (j)
5 after "business" insert "or a profession";
(d) in the definition of "sell" after paragraph (k)
insert--
"; and
(l) sell or supply under a contract for
10 services or a contract for work or
labour;";
(e) insert the following definitions--
' "contaminated", in relation to a fertiliser
or stock food, means having a
15 contaminant present in the fertiliser or
stock food in excess of the maximum
limit for that substance;
"maximum limit", in relation to a substance
present in a fertiliser or stock food,
20 means the level that is declared under
sub-section (4) to be the maximum
limit for that substance in relation to
fertilisers or stock foods of that type;'.
6. Orders in council
25 After section 4(4)(g) of the Principal Act insert--
"(ga) the maximum limit (which may be zero) for
a substance in a fertiliser or stock food; or".
7. Exemptions from regulations
In section 5 of the Principal Act, after "this Act"
30 insert "or regulations made under this Act".
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8. Limiting the use of unregistered chemical products
In section 6(1)(c) of the Principal Act, after
"profession" insert "and the use is not prohibited
under section 25A".
5 9. Off-label use of chemical products
(1) In section 19(3) of the Principal Act--
(a) after "a particular purpose" insert "or in
particular circumstances";
(b) after "that particular purpose" insert "or in
10 those particular circumstances".
(2) After section 19(4) of the Principal Act insert--
"(5) A person must only use a prescribed
chemical product, fertiliser or stock food or a
chemical product, fertiliser or stock food that
15 contains a prescribed constituent in a
particular manner or for particular purposes
or in particular circumstances if the label for
that chemical product, fertiliser or stock food
contains a statement prescribed by the
20 regulations specifying or indicating that the
chemical product, fertiliser or stock food
must only be used in that manner or for those
purposes or in those circumstances, unless
otherwise authorised by a permit under
25 Schedule 1.
Penalty: In the case of a corporation,
200 penalty units.
In any other case, 100 penalty
units.".
30 (3) In section 19(6) of the Principal Act, for "or stock
food has been applied" substitute "has been
applied, any agricultural produce obtained from
stock to which the chemical product has been
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applied or any stock that has consumed the stock
food".
(4) After section 19(6) of the Principal Act insert--
'(7) A person must not sell stock or agricultural
5 produce obtained from stock that the seller
knows or reasonably ought to know has--
(a) entered on land where an agricultural
chemical product has been applied to
that land or any plant on that land; or
10 (b) grazed any plant on that land--
within the relevant withholding period stated
on the label of the chemical product unless
the seller has notified the buyer of that stock
or agricultural produce in writing that the
15 period has not expired.
Penalty: In the case of a corporation,
200 penalty units.
In any other case, 100 penalty
units.
20 (8) A person must not sell stock food or
agricultural produce derived from any plant
or animal if the person knows or reasonably
ought to know that the plant or animal--
(a) has had a chemical product applied to
25 it; and
(b) in the case of stock food or agricultural
produce derived from a plant, the stock
food or agricultural produce was
harvested from the plant before the
30 relevant withholding period stated on
the label of the chemical product had
expired; and
(c) in the case of stock food or agricultural
produce obtained from an animal, the
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stock food or agricultural produce was
obtained from the animal before the
relevant withholding period stated on
the label of the chemical product had
5 expired--
unless the seller has notified the buyer of the
stock food or agricultural produce in writing
that the withholding period had not expired
before the stock food or agricultural produce
10 was harvested or obtained.
Penalty: In the case of a corporation,
200 penalty units.
In any other case, 100 penalty
units.
15 (9) In sub-sections (6), (7) and (8) "agricultural
produce" includes wool.'.
10. New section 21 inserted
After section 20 of the Principal Act insert--
"21. Application of chemical products to
20 agricultural produce
A person who transports or handles
agricultural produce and is not the owner of
that agricultural produce must not apply a
chemical product to the agricultural produce
25 unless the person has the written permission
of the owner of the agricultural produce for
that application.
Penalty: In the case of a corporation,
200 penalty units.
30 In any other case, 100 penalty
units.".
11. New section 32 inserted
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In Part 4 of the Principal Act, after section 31
insert--
"32. Prohibiting misuse of registered chemical
products
5 (1) A person must not administer or apply a
registered agricultural chemical product to
an animal unless--
(a) the use is in accordance with a permit
issued under Schedule 1; or
10 (b) the use is by a veterinary practitioner
acting in the course of the practice of
his or her profession and the use is
not prohibited by an Order under
section 25A; or
15 (c) the use is in accordance with the
written instructions of a veterinary
practitioner acting in the course of the
practice of his or her profession and the
use is not prohibited by an Order under
20 section 25A.
Penalty: In the case of a corporation,
200 penalty units.
In any other case, 100 penalty
units.
25 (2) A person must not administer or apply a
registered veterinary chemical product to a
plant, place or thing or use a registered
veterinary chemical product in relation to a
plant, place or thing except in accordance
30 with a permit issued under Schedule 1.
Penalty: In the case of a corporation,
200 penalty units.
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In any other case, 100 penalty
units.".
12. Repeal of section 41--statement as to damage
Section 41 of the Principal Act is repealed.
5 13. New section 41 inserted
After section 40 of the Principal Act insert--
"41. Contamination by spray drift
(1) A person must not carry out agricultural
spraying--
10 (a) which contaminates any stock outside
the target area; or
(b) which is likely to contaminate any
agricultural produce derived from
plants or stock outside the target area.
15 Penalty: In the case of a corporation,
200 penalty units.
In any other case, 100 penalty
units.
(2) It is a defence to a prosecution under sub-
20 section (1)(b) if the agricultural produce is
not to be used as stock food or sold as, or
manufactured into, food or stock food.".
14. Requirement for pilots
For section 42(2) of the Principal Act
25 substitute--
"(2) A person must not pilot an aircraft to carry
out aerial spraying unless he or she--
(a) holds an agricultural aircraft operator
licence and complies with all
30 conditions (if any) of that licence; or
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(b) is an employee or agent of a person
who holds an agricultural aircraft
operator licence.
Penalty: 200 penalty units.".
5 15. New heading inserted
Insert the following heading to section 46 of the
Principal Act--
"Notices to owners of defective spraying
equipment".
10 16. New section 46A inserted
After section 46 of the Principal Act insert--
"46A. Notice to operators of defective spraying
equipment
(1) An authorised officer who is satisfied on
15 reasonable grounds that equipment that is
used or to be used for agricultural spraying
would be likely to harm the operator of the
equipment or other persons, or cause the
contamination of any stock or agricultural
20 produce outside the target area, if so used
may, by notice in writing, direct that the
operator or a person in possession of the
equipment--
(a) not use the equipment; and
25 (b) take all reasonable steps to ensure that
no other person uses the equipment.
(2) The operator or person in possession of the
equipment must comply with a notice issued
30 in accordance with this section.
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Penalty: 200 penalty units.
(3) An authorised officer may revoke or vary a
notice under sub-section (1) by further notice
to the operator or person in possession of the
5 equipment.".
17. New section 52 substituted and 52A inserted
For section 52 of the Principal Act substitute--
"52. Contaminated produce notice
(1) An authorised officer may, by notice in
10 writing, regulate the sale, handling, use,
transport or disposal of, or other dealing
with, any agricultural produce, fertiliser or
stock food if he or she believes on
reasonable grounds that the agricultural
15 produce, fertiliser or stock food is
contaminated.
(2) Without limiting sub-section (1), the notice
may--
(a) prohibit the sale, handling, use,
20 transport or disposal of, or other
dealing with, any agricultural produce,
fertiliser or stock food except--
(i) in accordance with the notice; or
(ii) with the approval of an authorised
25 officer;
(b) require that the agricultural produce,
fertiliser or stock food be treated as
specified in the notice;
(c) require that the agricultural produce,
30 fertiliser or stock food be labelled,
marked or otherwise identified--
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(i) in the manner specified in the
notice; and
(ii) before the date, if any, specified in
the notice.
5 (3) The authorised officer may give the notice
to--
(a) the owner or occupier of the land on
which the stock or plants from which
agricultural produce or stock food is
10 produced is kept or are grown; or
(b) the owner of the agricultural produce,
fertiliser or stock food; or
(c) the person in possession of the
agricultural produce, fertiliser or stock
15 food; or
(d) the driver of any vehicle in which the
agricultural produce, fertiliser or stock
food is being transported; or
(e) if the agricultural produce, fertiliser or
20 stock food is in transit, the person into
whose possession it is to be delivered;
or
(f) one or more of the persons specified in
paragraphs (a) to (e).
25 (4) A person who receives a notice under sub-
section (3) must take reasonable steps to
comply with it.
Penalty: 100 penalty units.
52A. Regulations relating to contaminated
30 agricultural produce
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The Governor in Council may make
regulations in accordance with section 76 for
or with respect to--
(a) prohibiting or regulating the sale of
5 contaminated agricultural produce;
(b) regulating the handling of contaminated
agricultural produce;
(c) regulating the transport of
contaminated agricultural produce;
10 (d) requiring the identification of
contaminated agricultural produce.".
18. Authorisation and identification of authorised officers
(1) In section 53(1) of the Principal Act, after "this
Act" insert "or any regulations or Orders made
15 under this Act".
(2) For section 53(3) of the Principal Act
substitute--
"(3) An authorised officer must produce his or
her identity card for inspection--
20 (a) before exercising a power under this
Act; and
(b) at any time during the exercise of a
power under this Act, if asked to do so.
Penalty: 10 penalty units.".
25 19. Powers of authorised officers
(1) In section 54(1)(f) of the Principal Act, after "this
Act" insert "or any regulations or Orders made
under this Act".
(2) After section 54(1)(g) of the Principal Act
30 insert--
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"(ga) to take any photographs or make any audio
or visual recordings as he or she considers
necessary; and".
(3) After section 54(1)(i) of the Principal Act
5 insert--
"(ia) if the authorised officer is satisfied that it
would pose a risk to public health or safety
(including the health or safety of the
authorised officer) to open a sealed package
10 or container to take a sample of any
substance in the package or container that
the authorised officer reasonably suspects is
a chemical product, fertiliser or stock food or
of any agricultural produce in the package or
15 container, to take and remove for
examination the package or container and its
contents; and ".
(4) After section 54(1)(j) of the Principal Act
insert--
20 "(ja) to take and remove for analysis and
examination any equipment used for or in
connection with the application of any
chemical product or fertiliser; and".
20. New sections 54A to 54I inserted
25 After section 54 of the Principal Act insert--
"54A. Powers of entry and inspection with consent
(1) If an authorised officer believes, on
reasonable grounds, that a person is
contravening or has contravened this Act, the
30 regulations or an Order under this Act, the
authorised officer, with the consent of the
occupier of the premises, may--
(a) enter and search any premises;
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(b) seize anything found on the premises
which the inspector believes on
reasonable grounds, to be connected
with the alleged contravention;
5 (c) examine and take and keep samples of
any goods found on the premises which
the inspector believes on reasonable
grounds to be connected with the
alleged contravention;
10 (d) inspect and make copies of, or take
extracts from, any document found on
the premises;
(e) take any photographs or make any
audio or visual recordings as he or she
15 considers necessary.
(2) An authorised officer must not enter and
search any premises with the consent of the
occupier unless, before the occupier consents
to that entry, the authorised officer has--
20 (a) produced his or her identity card for
inspection; and
(b) informed the occupier--
(i) of the purpose of the search; and
(ii) that the occupier may refuse to
25 give consent to the entry and
search or to the seizure of
anything found during the search;
and
(iii) that the occupier may refuse to
30 consent to the taking of any
sample of goods or any copy of, or
extract from, a document found on
the premises during the search;
and
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(iv) that the occupier may refuse to
consent to the making of any
recordings on the premises during
the search; and
5 (v) that anything seized or taken or
recordings made during the search
with the consent of the occupier
may be used in evidence in
proceedings.
10 (3) If an occupier consents to an entry and
search, the authorised officer who requested
consent must before entering the premises
ask the occupier to sign an acknowledgment
in the prescribed form stating--
15 (a) that the occupier has been informed of
the purpose of the search and that
anything seized or taken or recordings
made in the search with the consent of
the occupier may be used in evidence in
20 proceedings; and
(b) that the occupier has been informed that
he or she may refuse to give consent to
the entry and search; and
(c) that the occupier has consented to such
25 an entry and search; and
(d) the date and time that the occupier
consented.
(4) If an occupier consents to the seizure or
taking of any thing or the making of any
30 recording during a search under this section,
the inspector must before seizing or taking
the thing or making the recording ask the
occupier to sign an acknowledgment
stating--
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(a) that the occupier has consented to the
seizure or taking of the thing or the
making of a recording; and
(b) the date and time that the occupier
5 consented.
(5) An occupier who signs an acknowledgment
must be given a copy of the signed
acknowledgment before the authorised
officer leaves the premises.
10 (6) If, in any proceeding, an acknowledgment is
not produced to the court or a tribunal, it
must be presumed, until the contrary is
proved, that the occupier did not consent to
the entry and search or to the seizure or the
15 taking of the thing or the making of the
recording.
54B. Search warrants
(1) An authorised officer, with the written
approval of the chief administrator, may
20 apply to a magistrate for the issue of a search
warrant in relation to particular premises, if
the authorised officer believes on reasonable
grounds that there is on the premises
evidence that a person or persons may have
25 contravened this Act or the regulations or an
Order made under this Act.
(2) If a magistrate is satisfied, by the evidence,
on oath or by affidavit, of the authorised
officer that there are reasonable grounds to
30 believe that there is a thing or things of a
particular kind connected with a
contravention of this Act, the regulations or
an Order on any premises, the magistrate
may issue a search warrant, in accordance
35 with the Magistrates' Court Act 1989,
authorising an authorised officer named in
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the warrant, together with any other person
or persons named or otherwise identified in
the warrant and with any necessary
equipment--
5 (a) to enter the premises specified in the
warrant, if necessary by force; and
(b) to do all or any of the following--
(i) search for;
(ii) seize;
10 (iii) secure against interference;
(iv) examine, inspect and take and
keep samples of;
(v) inspect and make copies of, or
take extracts from--
15 a thing or things of a particular kind
named or described in the warrant and
which the authorised officer believes,
on reasonable grounds, to be connected
with the alleged contravention.
20 (3) A search warrant issued under this section
must state--
(a) the purpose for which the search is
required and the nature of the alleged
contravention; and
25 (b) any conditions to which the warrant is
subject; and
(c) whether entry is authorised to be made
at any time of the day or night or during
stated hours of the day or night; and
30 (d) a day, not later than 28 days after the
issue of the warrant, on which the
warrant ceases to have effect.
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(4) Except as provided by this Act, the rules to
be observed with respect to search warrants
under the Magistrates' Court Act 1989
extend and apply to warrants under this
5 section.
54C. Announcement before entry
(1) On executing a search warrant, the
authorised officer executing the warrant--
(a) must announce that he or she is
10 authorised by the warrant to enter the
premises; and
(b) if the authorised officer has been unable
to obtain unforced entry, must give any
person at the premises an opportunity
15 to allow entry to the premises.
(2) An authorised officer need not comply with
sub-section (1) if he or she believes, on
reasonable grounds, that immediate entry to
the premises is required to ensure--
20 (a) the safety of any person; or
(b) that the effective execution of the
search warrant is not frustrated.
54D. Details of warrant to be given to occupier
(1) If the occupier is present at premises where a
25 search warrant is being executed, the
authorised officer must--
(a) identify himself or herself to the
occupier; and
(b) produce his or her identity card for
30 inspection; and
(c) give to the occupier a copy of the
warrant.
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(2) If the occupier is not present at premises
where a search warrant is being executed, the
authorised officer must--
(a) identify himself or herself to a person at
5 the premises; and
(b) produce his or her identity card for
inspection; and
(c) give to the person a copy of the
warrant.
10 54E. Authorised officer may seek Court order
(1) If an authorised officer believes, on
reasonable grounds, that a person or persons
has contravened this Act or the regulations
or an Order under this Act, the authorised
15 officer, with the written approval of the chief
administrator, may apply to the Magistrates'
Court for an order requiring any person at a
time and place specified by an authorised
officer--
20 (a) to answer orally or in writing any
questions put by an authorised officer
in relation to the alleged contravention;
(b) to supply orally or in writing
information required by an authorised
25 officer in relation to the alleged
contravention;
(c) to produce to an authorised officer
specified documents or documents of a
specified class relating to the alleged
30 contravention.
(2) If the Magistrates' Court is satisfied on the
basis of evidence presented by the authorised
officer that there are reasonable grounds to
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believe that a person or persons has
contravened this Act or the regulations or an
Order under this Act, the Court may grant
the order sought.
5 (3) An order under this section must state a day,
not later than 28 days after the making of the
order, on which the order ceases to have
effect.
(4) If any documents are produced to an
10 authorised officer under an order made under
this section the authorised officer may--
(a) inspect the documents or authorise a
person to inspect the documents;
(b) make copies of, or take extracts from,
15 the documents;
(c) seize the documents if the authorised
officer considers the documents
necessary for the purpose of obtaining
evidence for the purpose of any
20 proceedings against any person under
this Act or the regulations or an Order
under this Act;
(d) secure any seized documents against
interference;
25 (e) retain possession of the documents in
accordance with this Part.
(5) An authorised officer who executes an order
under this section must as soon as
practicable after that execution notify the
30 Magistrates' Court in writing of--
(a) the time and place of execution; and
(b) the documents or classes of documents
seized; and
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(c) if documents were seized under sub-
section (4)(c) in respect of a
contravention other than a
contravention for which the order was
5 granted, the contravention in respect of
which the documents were seized.
(6) The Magistrates' Court may direct the
authorised officer to bring before the Court a
document to which sub-section (5)(c) applies
10 so that the matter may be dealt with
according to law.
(7) The Magistrates' Court may direct that a
document brought before it under sub-
section (6) be returned to its owner, subject
15 to any condition the Court thinks fit, if in the
opinion of the Court it can be returned
consistently with the interests of justice.
54F. Copies of seized documents
(1) If an authorised officer retains possession of
20 a document seized from a person under this
Part, the authorised officer must give the
person, within 21 days of the seizure, a copy
of the document certified as correct by the
authorised officer.
25 (2) A copy of a document certified under sub-
section (1) shall be received in all courts and
tribunals to be evidence of equal validity to
the original.
54G. Retention and return of seized documents
30 or things
(1) If an authorised officer seizes a document or
other thing under this Part, the authorised
officer must take reasonable steps to return
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the document or thing to the person from
whom it was seized if the reason for its
seizure no longer exists.
(2) If the document or thing seized has not been
5 returned within 3 months after it was seized,
the inspector must take reasonable steps to
return it unless--
(a) proceedings for the purpose for which
the document or thing was retained
10 have commenced within that 3 month
period and those proceedings
(including any appeal) have not been
completed; or
(b) the Magistrates' Court makes an order
15 under section 54H extending the period
during which the document or thing
may be retained.
(3) This section does not apply to--
(a) a sample taken by an authorised officer
20 in the exercise of a power under this
Part; or
(b) a chemical product, fertiliser or stock
food seized under section 57 if the sale
or use of the chemical product, fertiliser
25 or stock food is prohibited under this
Act or the regulations or an Order
under this Act.
54H. Magistrates' Court may extend 3 month
period
30 (1) An authorised officer may apply to the
Magistrates' Court within 3 months after
seizing a document or other thing under this
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Part for an extension of the period for which
the authorised officer may retain the
document or thing.
(2) The Magistrates' Court may order such an
5 extension if it is satisfied that retention of the
document or other thing is necessary--
(a) for the purposes of an investigation into
whether a contravention of this Act or
the regulations or an Order under this
10 Act has occurred; or
(b) to enable evidence of a contravention of
this Act or the regulations or an Order
under this Act to be obtained for the
purposes of a proceeding under this
15 Act.
(3) The Magistrates' Court may adjourn an
application to enable notice of the
application to be given to any person.
54I. Protection against self-incrimination
20 (1) It is a reasonable excuse for a natural person
to refuse or fail to give information or do any
other thing that the person is required to do
by or under this Part, if the giving of the
information or the doing of that other thing
25 would tend to incriminate the person.
(2) Despite sub-section (1), it is not a reasonable
excuse for a natural person to refuse or fail
to produce a document that the person is
required to produce by or under this Part, if
30 the production of the document would tend
to incriminate the person.".
21. New section 56A inserted
After section 56 of the Principal Act insert--
"56A. Notification by commercial laboratories
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If the result of the testing of any prescribed
agricultural produce for fee or reward shows
that the agricultural produce is contaminated
with a prescribed constituent or a constituent
5 of a prescribed class of constituents, the
person who carried out the test of that
agricultural produce must notify the
Secretary or an authorised officer of that
contamination within the prescribed time and
10 in the prescribed manner.".
22. Providing documents with false information
For section 59(2) of the Principal Act
substitute--
"(2) A person must not make any statement or
15 provide any document or other information
about a chemical product, fertiliser, or stock
food or its use (including in the case of a
registered chemical product, the
circumstances of its use) that is false or
20 misleading and likely to cause a person who
relies on the statement, document or other
information to--
(a) commit an offence under this Act or the
regulations under this Act; or
25 (b) contaminate stock or agricultural
produce; or
(c) injuriously affect plants that are to be
applied with the chemical product or
fertiliser.
30 Penalty: In the case of a corporation,
100 penalty units.
In any other case, 50 penalty units.
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(3) A person must not make any statement or
provide any document or other information
in relation to the target area, or the area
contiguous to the target area, of agricultural
5 spraying to be carried out on behalf of that
person that is false or misleading and likely
to cause a person who carries out the
agricultural spraying who relies on the
statement, document or other information to
10 commit an offence under this Act or the
regulations under this Act.
Penalty: In the case of a corporation,
100 penalty units.
In any other case, 50 penalty
15 units.".
23. Evidentiary provisions
(1) In section 71(2)(a) of the Principal Act, for
"officer" substitute "authorised officer or any
other person authorised in writing by the chief
20 administrator to prosecute under this Act".
(2) In section 71(3) of the Principal Act, after "analyst
of a" insert "plant, animal,".
24. New section 75A inserted
After section 75 of the Principal Act insert--
25 "75A. Use of money available for the purposes of
this Act
Any money available for the purposes of this
Act must be used for the following
purposes--
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(a) consideration of applications for
authorities under the Act;
(b) monitoring standards and performance
of holders of authorities under the Act;
5 (c) monitoring compliance with the Act;
(d) generally administering the Act.".
25. Consequential amendments to section 76
In section 76(2) of the Principal Act after "45,"
insert "52A".
10 26. Consequential amendments to Schedule 1
In Schedule 1 to the Principal Act, after paragraph
(f) of the definition of "authority" in clause 1 of
Part 1 insert--
"(fa) a permit under section 32;".
15 27. Consequential amendments to Agricultural and
Veterinary Chemicals (Victoria) Act 1994
In section 33(1)(a) of the Agricultural and
Veterinary Chemicals (Victoria) Act 1994 for
"and 19(1), (3) and (4)" substitute ", 19(1), (3),
20 (4) and (5) and 32".
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Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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