Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
subsection (3), an authorised person may, in pursuance of the objects of
this Act, by notice in writing, direct that —
(a) any
agricultural produce in which he has reasonable grounds for suspecting an
agricultural chemical residue to be present in excess of the maximum residue
limit;
(b) any
animal or plant from which agricultural produce may be derived in which the
authorised person has reasonable grounds for suspecting an agricultural
chemical residue to be present to such an extent that an agricultural chemical
residue in excess of the maximum residue limit is likely to be present in
agricultural produce derived therefrom; or
(c) any
manufactured food or other substance not for human consumption containing an
agricultural chemical to such an extent that its ordinary use is likely to
result directly or indirectly in the presence of an agricultural chemical
residue in excess of the maximum residue limit in any agricultural produce,
shall not, or shall
not before the expiry of a time specified in the notice, be used, disposed of,
or otherwise dealt with, except in accordance with regulations made under this
Act, as otherwise permitted in the notice, or pursuant to approval in writing
under section 11.
(2) Subject to
subsection (3), an authorised person may, if he believes
that —
(a) the
grazing of animals on particular land; or
(b) the
growing on particular land of plants,
would be likely to
result directly or indirectly in the presence of agricultural chemical residue
in excess of the maximum residue limit in any agricultural produce, by notice
in writing direct that the grazing on the land of any, or of specified classes
of, animals or the growing on the land of any, or of specified classes of,
plants, as the case may be, shall not, or shall not before the expiry of a
time specified in the notice, be permitted except in accordance with the
regulations, as otherwise specified in the notice, or pursuant to approval in
writing under section 11.
(3) Except where he
has received a report of an analysis made by an analyst which relates to the
agricultural produce, animal, plant, food, or other substance that is the
subject of the direction, an authorised person shall not include in a notice
under subsection (1) or (2) any direction without specifying a time after
which the direction ceased to have effect, but nothing in this subsection
prevents successive notices from being given under either of those
subsections.
(4) A notice under
subsection (1) may be given to the person having possession of the
agricultural produce, animal, plant, food or other substance to which the
notice relates or where the agricultural produce, animal, plant, food or other
substance is in transit, to the person into whose possession it is to be
delivered.
(5) A notice under
subsection (2) may be given to the owner or occupier of land, or each of
them.