Victorian Consolidated Legislation

AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) ACT 1992

No. 46 of 1992
Version incorporating amendments as at 1 July 2009

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purposes
   2.      Commencement
   3.      Act to bind Crown
   4.      Definitions
   5.      Exemptions

   PART 2-USE OF UNREGISTERED CHEMICAL PRODUCTS

   6.      Offences involving unregistered chemical products
           7-17. Repealed

   PART 3-LABELLING

   18.     Offences involving labelling requirements
   19.     Off-label use of chemical products
   20.     Labelling of certain meal of animal origin
   21.     Application of chemical products to agricultural produce
   22.     Repealed
   23.     Warranties

   PART 4-RESTRICTIONS AND PROHIBITIONS ON MANUFACTURE, SALE AND USE

   24.     Standards for fertiliser or stock food
   25.     Orders prohibiting or regulating sale
   25A.    Orders prohibiting or regulating use
   26.     Recall
   27.     Regulations about manufacture, sale and use
   28.     Offence of use without certificate
   29.     Applicator (chemical rating) certificates
   30.     Offence of commercial use without licence
   30A.    Continuation of exemption for registered pest control
           operators under Health Act 1958.
   31.     Commercial operator licences
   32.     Prohibiting misuse of registered chemical products

   PART 5-Repealed

           33-37. Repealed

   PART 6-CONTROLS OVER SPRAYING OF AGRICULTURAL CHEMICAL PRODUCTS

   38.     Orders regulating or prohibiting agricultural spraying
   39.     Effect of order
   40.     Damage by spray drift
   41.     Contamination by spray drift
   42.     Requirements for pilots
   43.     Requirements for aircraft operators
   44.     Repealed
   45.     Information and notice
   46.     Notices to owners of defective spraying equipment
   46A.    Notice to operators of defective spraying equipment
   47.     Regulations for spraying equipment

   PART 7-CONTROLS OVER CONTAMINATED LAND, STOCK AND AGRICULTURAL PRODUCE

   48.     Contaminated stock order
   49.     Contaminated stock notice
   50.     Land use restriction notice
   51.     Information about notices
   52.     Contaminated produce notice
   52AA.   Offence to sell contaminated agricultural produce
   52A.    Regulations relating to contaminated agricultural produce

   PART 8-GENERAL

   53.     Authorised officers
   54.     Powers of authorised officers
   54A.    Repealed
   54B.    Search warrants
   54C.    Announcement before entry
   54D.    Details of warrant to be given to occupier
   54E.    Authorised officer may seek Court order
   54F.    Copies of seized documents
   54G.    Retention and return of seized documents or things
   54H.    Magistrates' Court may extend 3 month period
   54I.    Protection against self-incrimination
   55.     Testing of sub-standard fertiliser or stock food
   56.     Testing of contaminated stock or agricultural produce
   56A.    Notification by commercial laboratories
   57.     Seizure of chemical products and agricultural produce
   58.     Destruction notice
   59.     False or misleading statements
   60.     Extra information about application may be required
   61.     Information about licence, permit or certificate may be
           required
   62.     Information about sale of a chemical product, fertiliser or
           stock food
   62A.    Records of notices etc.
   62B.    Secrecy
   63.     Confidentiality of commercial information
   64.     Review of decisions
   65.     Agricultural Chemicals Advisory Committee
   66.     Members
   67.     Meetings of Committee

   PART 9-ENFORCEMENT

   67A.    Non-compliance with condition of authority an offence
   68.     Costs
   69.     Infringement notices
   70.     Time limit for commencing prosecutions
   71.     Evidentiary provisions
   72.     Offences by corporations and partnerships etc.
   73.     Offences by employers and contractors
   74.     Delegation
   75.     Fees
   75A.    Use of money available for the purposes of this Act
   76.     Regulations
   77.     Orders may incorporate material

   PART 10-Repealed

           78-81. Repealed
           __________________
           SCHEDULE
           SCHEDULE 1-Permits, Certificates and Licences

   PART 1-PROVISIONS APPLYING TO ALL AUTHORITIES
   1. Definition
   2. Applications
   3. Grant or refusal
   4. Cancellation or suspension
   5. Notice of reasons and opportunity to comment
   6. Term of authority

   7.      Fees

   PART 2-PROVISIONS APPLYING TO SPECIFIED AUTHORITIES

   8.      Applicator (chemical rating) certificates
   9.      Commercial operator licences
   10.     Pilot (chemical rating) licences
   11.     Repealed
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details