AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) ACT 1992 - SCHEDULE
AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) ACT 1992 - SCHEDULE
Schedule
Schedule 1––Permits, certificates and licences
Sections 6, 18, 19, 25,
29, 31, 39 and 42
Part 1—Provisions applying to all authorities
Sch. 1 cl. 1 amended by Nos 73/1994 s. 56(3)(a)–(c), 55/2001 s. 26.
1 Definition
In this Schedule, "authority" means—
(a) a permit under section 6(1);
(b) a permit under section 18(2);
(c) a permit under section 19;
(d) a permit under section 25(2)(b) or 25A(2)(b);
(e) an applicator (chemical rating) certificate under section 29 ;
(f) a commercial operator licence under section 31;
(fa) a permit under section 32;
(g) a permit under section 39(3);
(h) a pilot (chemical rating) licence under section 42;
(i) an agricultural aircraft operator licence under section 42.
2 Applications
Sch. 1 cl. 2(1) amended by No. 22/2022 s. 30.
(1) A person may apply to the Secretary for the grant of an authority.
Sch. 1 cl. 2(2)(a) amended by No. 22/2022 s. 30.
(a) be in a form approved by the Secretary; and
Sch. 1 cl. 2(2)(b) amended by No. 22/2022 s. 30.
(b) include any information that the Secretary requires; and
(c) be accompanied by the relevant approved fee.
3 Grant or refusal
Sch. 1 cl. 3(1) amended by No. 22/2022 s. 30.
(1) The Secretary may grant or refuse to grant an authority.
Sch. 1 cl. 3(2) amended by No. 22/2022 s. 30.
(2) An authority is subject to any conditions imposed by the Secretary and specified in the authority.
Sch. 1 cl. 3(3) amended by No. 22/2022 s. 30.
(3) The Secretary may, by notice in writing to the holder of an authority, vary or omit any conditions of the authority and impose new conditions.
Sch. 1 cl. 3(4) amended by No. 22/2022 s. 30.
(4) The Secretary may refuse to grant an authority—
(a) if the applicant has been convicted of an offence against a relevant Act; or
(b) on any prescribed ground.
4 Cancellation or suspension
Sch. 1 cl. 4(1) amended by No. 22/2022 s. 30.
(1) The Secretary may, by notice in writing to the holder of an authority, cancel or suspend the authority if—
(a) the holder has not complied with a condition of the authority; or
(b) the holder has been convicted of an offence against a relevant Act; or
(c) a relevant fee has not been paid on or before the due date; or
Sch. 1 cl. 4(1)(d) amended by No. 22/2022 s. 30.
(d) the Secretary becomes aware of any information which, if it had been known at the time the authority was granted, would have prevented the grant of the authority; or
(e) any prescribed ground exists.
Sch. 1 cl. 4(1A) inserted by No. 29/2012 s. 9(1), amended by No. 22/2022 s. 30.
(1A) The Secretary may include in the notice under subclause (1) a requirement that the holder of the authority return the authority to the Secretary within the time specified in the notice.
(2) A notice must specify—
(a) the date on which the cancellation or suspension takes effect; and
Sch. 1 cl. 4(2)(ab) inserted by No. 29/2012 s. 9(2), amended by No. 22/2022 s. 30.
(ab) the time within which the authority must be returned to the Secretary if the notice includes this requirement; and
(b) in the case of suspension—
(i) the period of suspension; or
(ii) any conditions that must be satisfied before the suspension will be lifted.
Sch. 1 cl. 5 amended by No. 22/2022 s. 30.
5 Notice of reasons and opportunity to comment
Before suspending or cancelling an authority or refusing to grant an application, the Secretary must give the applicant for, or the holder of the authority—
(a) notice of the reasons for the proposed action; and
(b) the opportunity to submit written comments on the proposed action.
6 Term of authority
An authority continues in operation for the term (not exceeding 10 years) specified in it, unless it is cancelled before then.
7 Fees
The holder of an authority must pay the relevant approved fee on or before the due date each year.
Part 2—Provisions applying to specified authorities
8 Applicator (chemical rating) certificates
Sch. 1 cl. 8(1) amended by No. 22/2022 s. 30.
(1) The Secretary may, without limiting his or her power under clause 3(2), impose conditions on an applicator (chemical rating) certificate—
(a) requiring the holder to undergo regular medical checkups; and
(b) specifying the equipment authorised by the certificate to be used; and
(c) specifying the preparations authorised by the certificate to be used.
Sch. 1 cl. 8(2) amended by No. 22/2022 s. 30.
(2) The Secretary may, without limiting his or her power under clause 3(4), refuse to grant an applicator (chemical rating) certificate if the applicant has not attended a course, or passed an examination, approved by the Secretary.
9 Commercial operator licences
Sch. 1 cl. 9(1) amended by No. 22/2022 s. 30.
(1) The Secretary may, without limiting his or her power under clause 3(2), impose a condition on a commercial operator licence requiring the holder to hold an approved insurance policy.
Sch. 1 cl. 9(2) amended by No. 22/2022 s. 30.
(2) The Secretary may, without limiting his or her power under clause 3(4) or clause 4(1)—
(a) refuse to grant a commercial operator licence if the applicant does not hold an approved insurance policy or a cover note for such a policy; or
(b) cancel or suspend a commercial operator licence if the holder does not hold an approved insurance policy.
Sch. 1 cl. 10 amended by No. 22/2022 s. 30.
10 Pilot (chemical rating) licences
The Secretary may, without limiting his or her power under clause 3(4), refuse to grant a pilot (chemical rating) licence if the applicant has not attended a course, or passed an examination, approved by the Secretary.
Sch. 1 cl. 11 repealed by No. 35/2009 s. 8.
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