AGRICULTURAL AND VETERINARY CHEMICALS (WESTERN AUSTRALIA) ACT 1995 - SECT 31
AGRICULTURAL AND VETERINARY CHEMICALS (WESTERN AUSTRALIA) ACT 1995 - SECT 31
31 . Exemptions from liability for damages
(1) No action, suit or
other proceeding for damages lies against the State or a person who is or has
been a co-ordinator of this jurisdiction for any loss or injury directly or
indirectly suffered as a result of —
(a) the
handling of an approved active constituent for a proposed or existing chemical
product; or
(b) the
handling of a registered chemical product; or
(c) the
handling of an active constituent for a proposed or existing chemical product,
or of a chemical product, in respect of which a permit or exemption has been
issued or given by the APVMA; or
(d) an
inability to use, or to use in a particular manner, an active constituent for
a proposed or existing chemical product —
(i)
because an approval, permit or exemption permitting its
use, or permitting its use in that manner, has been refused by the APVMA or
such an approval, permit or exemption that was previously granted by the APVMA
has been suspended or cancelled; or
(ii)
because its use, or its use in that manner, is precluded
by the conditions of an approval, permit or exemption;
or
(e) an
inability to use, or to use in a particular manner, a chemical product —
(i)
because a registration, permit or exemption permitting
its use, or permitting its use in that manner, has been refused by the APVMA
or such a registration, permit or exemption that was previously granted by the
APVMA has been suspended or cancelled; or
(ii)
because its use, or its use in that manner, is precluded
by the conditions of a registration, permit or exemption;
or
(f) the
carrying out of a step in the manufacture of a chemical product in respect of
which a licence has been issued by the APVMA; or
(g) an
inability to carry out, or to carry out in a particular manner or at
particular premises, a step in the manufacture of a chemical product —
(i)
because a licence to carry out that step, or to carry out
that step in that manner or at those premises, has been refused by the APVMA
or such a licence that was previously granted by the APVMA has been suspended
or cancelled; or
(ii)
because the carrying out of that step, or the carrying
out of that step in that manner or at those premises, is precluded by the
conditions of a licence.
(2) If an action, suit
or other proceeding is brought against a person responsible for the
importation, manufacture, supply or handling of —
(a) an
approved active constituent for a proposed or existing chemical product; or
(b) a
registered chemical product; or
(c) an
active constituent for a proposed or existing chemical product, or a chemical
product, in respect of which the APVMA has issued a permit or given an
exemption; or
(d) a
chemical product in respect of a step in the manufacture of which the APVMA
has issued a licence,
in relation to any
loss or injury directly or indirectly suffered because of the importation,
manufacture, supply or handling of the constituent or product, it is not a
defence to that action, suit or other proceeding that the APVMA has approved
the constituent, registered the product, issued a permit or given an exemption
in relation to the constituent or the product, or issued a licence in relation
to a step in the manufacture of the product.
(3) Expressions used
in this section have the same meanings as they have in the Agvet Code of this
jurisdiction.
[Section 31 amended: No. 8 of 2009 s. 19(4).]