Western Australian Consolidated Acts Western Australian Consolidated Acts (1) An authorised
person who receives a report of an analysis made by an analyst stating
that —
(a) an
agricultural chemical residue is present in excess of the maximum residue
limit in a sample of any agricultural produce;
(b) an
agricultural chemical residue is present in any animal or plant from which
agricultural produce may be derived to an extent that the authorised person
considers is likely to result in the presence of an agricultural chemical
residue in excess of the maximum residue limit in agricultural produce derived
from such animal or plant; or
(c) a
sample of any manufactured food or other substance not for human consumption
contains an agricultural chemical to an extent that the authorised person
considers is likely, if the food or other substance is put to its ordinary
use, to result directly or indirectly in the presence of an agricultural
chemical residue in excess of the maximum residue limit in agricultural
produce,
may, in pursuance of
the objects of this Act, by notice in writing direct any person in possession
of the agricultural produce, animal, plant, food or other substance to cause
it to be destroyed or otherwise disposed of in a manner specified in the
notice and direct that until it is so destroyed or disposed of it shall not be
used, disposed of, or otherwise dealt with except in accordance with
regulations made under this Act, as specified in the notice, or pursuant to
approval in writing under section 11.
(2) A direction in a
notice under subsection (1) requiring anything to be destroyed or
disposed of shall specify a time within which the direction is to be complied
with being not before the expiry of the time within which an application for a
review of the direction may be made in accordance with section 20, and
where an application is so made, the time for compliance is extended until the
determination of the application.
[Section 8 amended by No. 55 of 2004 s. 18.]