Queensland: Chemical Usage (Agricultural and Veterinary) Control Act 1988 (Qld)

Chemical Usage (Agricultural and Veterinary) Control Act 1988 An Act to control the use of certain chemicals and the use of substances in or on which is the residue of certain chemicals and for related purposes Part 1 Preliminary 1 Short title This Act may be cited as the Chemical Usage (Agricultural and Veterinary) Control Act 1988. 2 Commencement (1) This section and section 1 shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act or the provisions thereof specified in the proclamation shall commence on the day or days appointed by proclamation for the commencement of this Act or, as the case may be, those provisions. 3 [Repealed] 4 Definitions The dictionary in the schedule defines particular words used in this Act. 4A Words and expressions used in Agvet Code and this Act (1) Words and expressions used in the Agvet Code and this Act have the same meanings in this Act as they have in the Agvet Code. (2) Words and expressions mentioned in subsection (1) that are expressly defined in section 3 of the Agvet Code are also signposted in the dictionary. 4B Appointment of standards officers A standards officer and deputy standards officers may be employed under the Public Sector Act 2022. 4C Powers and functions of standards officers (1) The standards officer has the functions and powers given to the officer under this or another Act. (2) A deputy standards officer has the functions and powers given to the officer under this Act or by the standards officer. 4D Delegation by standards officer The standards officer may delegate to a deputy standards officer or another officer of the department the standards officer's powers under this or another Act, including any powers delegated to the standards officer under this or another Act. 5 Appointment of inspectors and analysts (1) The chief executive may appoint a person to be an inspector or analyst. (2) The chief executive may appoint a person as an inspector or analyst only if the chief executive is satisfied that the person has the necessary expertise or experience. (3) In this section— inspector does not include the standards officer or a deputy standards officer. 5A Limitation of inspector's powers The powers of an inspector may be limited— (a) under a regulation; or (b) under a condition of appointment; or (c) by written notice of the chief executive given to the inspector. 5B Inspector's identity card (1) The chief executive must give each inspector an identity card. (2) The identity card must— (a) contain a recent photograph of the inspector; and (b) be signed by the inspector; and (c) identify the person as an inspector under this Act. (3) A person who ceases to be an inspector must return the person's identity card to the chief executive as soon as practicable (but within 21 days) after the person ceases to be an inspector, unless the person has a reasonable excuse for not returning it. Maximum penalty—10 penalty units. (4) This section does not prevent the giving of a single identity card to a person under this Act and for other Acts or purposes. 5C Production or display of inspector's identity card (1) An inspector may exercise a power under this Act in relation to someone else only if the inspector— (a) first produces his or her identity card for the person's inspection; or (b) has the identity card displayed so it is clearly visible to the person. (2) However, if for any reason it is not practicable to comply with subsection (1), the inspector must produce the identity card for the person's inspection at the first reasonable opportunity. 6 Maximum residue limit The maximum residue limit prescribed under this Act for any of the following may be zero— (a) agricultural produce; (b) manufactured stock food; (c) the tissue of a trade species animal; (d) a product derived from a trade species animal. Part 2 Use of chemicals and substances having chemical residues Division 1 Chemicals generally 7 Use of registered agricultural and veterinary chemical products taken from unlabelled containers (1) A person must not use a registered agricultural or veterinary chemical product taken from a container that does not have attached to it an approved label for containers for the product. Maximum penalty—300 penalty units. (2) Subsection (1) does not apply if the product was taken from a container with a label for which the APVMA issued a permit. (3) It is a defence to a prosecution for an offence against subsection (1) to prove— (a) the product was put in the container ready for use after being taken from another container having attached to it an approved label for containers for the product; or (b) the product was supplied by a veterinary surgeon in the container and the person uses the product in the way stated in the written instructions or dispensing label supplied with the product. (4) This section is an eligible law for the definition 'permit' under section 109 of the Agvet Code. 8 Use of controlled chemicals (1) A regulation may— (a) declare an unregistered chemical to be a controlled chemical (the controlled chemical); and (b) set conditions for use of the chemical. (2) A person must not use a controlled chemical in a way that contravenes a condition for use of the chemical. Maximum penalty for subsection (2)—600 penalty units. 8A [Repealed] 8B [Repealed] 8C [Repealed] 9 Person not to possess or use proscribed chemical A person shall not have in his or her possession or use a proscribed chemical unless the person has the written permission of the Minister to do so and the person's possession or, as the case may be, use of the chemical is in accordance with the terms and conditions of the permit. Maximum penalty—800 penalty units. Note— This provision is an executive liability provision—see section 30A. 10 Person not to dispose of package or chemical in improper manner A person shall not dispose of or discard a chemical, or a package that contains or has contained a chemical, in a manner— (a) such that harm is caused or is likely to be caused to the property of any other person, any human or animal life, the environment or the State's trade with any other State or a Territory or another country; or (b) that is contrary to the manner (if any) prescribed. 11 Claims inconsistent with labels (1) This section applies to a claim— (a) about a registered chemical product, or a chemical product containing a registered chemical product; and (b) inconsistent with an instruction on an approved label for containers for the registered chemical product. (2) For the purposes of section 84(2) of the Agvet Code— (a) the standards officer or a deputy standards officer, or a person acting under the direction of either officer, may make a claim under this Act; and (b) an officer of the public service or another employee of the State may make a claim in the course of the person's employment by the State; and (c) a person prescribed by regulation may make a claim in the circumstances prescribed by regulation. (3) Subsection (2) applies only if the claim is made honestly and without negligence. 11A Claims about unregistered chemicals (1) A person must not make a claim about the use of an unregistered chemical. Maximum penalty—300 penalty units. (2) Subsection (1) does not apply if use of the unregistered chemical is authorised by a permit. (3) Subsection (1) also does not apply to the making or reporting of a statement about the unregistered chemical if the statement— (a) is made— (i) in a scientific paper or other scientific literature; or (ii) in a scientific report or presentation; or (iii) at a conference or seminar, or in an address, meeting or discussion, about chemical products; and is based on data published in a reputable scientific refereed journal or of a standard publishable in a reputable scientific refereed journal; or (b) is made on radio or television, or in a newspaper, journal or newsletter, as fair comment on any material— (i) published for the purposes of a conference or seminar; and (ii) based on data mentioned in paragraph (a); or (c) is made by a veterinary surgeon about a use under section 12F. 11B Use of package that contained chemical (1) A person shall not use a package to contain any substance if the package has at any time contained a chemical. Maximum penalty—300 penalty units. (2) A person shall not be convicted of an offence defined in subsection (1) if— (a) the person uses the package to contain a chemical and the chemical was in the package at the time at which the person acquired the package; or (b) all trace of the chemical previously contained in the package is removed and the person uses the package to contain a chemical. 11C Governor in Council may proscribe chemicals (1) This section applies if the chief executive is satisfied, on reasonable grounds, that it is in the public interest to proscribe a chemical having regard to the harm that may be caused by the use of the chemical to any property, human or animal life, the environment or the State's trade whether within Australia or overseas. (2) If this section applies, a regulation may proscribe a chemical. Division 2 Veterinary chemical products Subdivision 1 Registered veterinary chemical products 12 Use of registered veterinary chemical products (1) A veterinary surgeon must not use, or prescribe, supply or recommend a registered veterinary chemical product for use to treat an animal other than in a way stated in the instructions on the approved label for containers for the product. Maximum penalty for subsection (1)—600 penalty units. (2) Subsection (1) does not apply if the product is used, or prescribed, supplied or recommended for use in a way authorised by a permit or prescribed under a regulation. (3) It is a defence to a prosecution for an offence against subsection (1) to prove the product was used, or prescribed, supplied or recommended for use in a way authorised under section 12A, 12B or 12C. (4) A person, other than a veterinary surgeon, must not use a registered veterinary chemical product other than in a way stated in the instructions on the approved label for containers for the product. Maximum penalty for subsection (4)—600 penalty units. Note— This subsection is an executive liability provision—see section 30A. (5) Subsection (4) does not apply if the product is used in a way authorised by a permit or prescribed under a regulation. (6) It is a defence to a prosecution for an offence against subsection (4) to prove the product was used in a way authorised under section 12D. (7) This section is an eligible law for the definition 'permit' under section 109 of the Agvet Code. 12A Use by veterinary surgeon on animals other than major trade species (1) A veterinary surgeon may use, or prescribe, supply or recommend a registered veterinary chemical product for use other than in a way stated in the instructions on the approved label for containers for the product, to treat animals under the care of the veterinary surgeon other than major trade species animals. (2) However, subsection (1) does not allow a use— (a) contrary to a restraint statement on the label other than to treat a single animal; or (b) by injection unless the label gives instructions for use by injection. 12B Use by veterinary surgeon on major trade species animals (1) A veterinary surgeon may use, or prescribe, supply or recommend a registered veterinary chemical product for use other than in a way stated in the instructions on the approved label for containers for the product, to treat— (a) if instructions for use on a major trade species animal are mentioned on the label—any major trade species animals; or (b) if there are no instructions for use on a major trade species animal mentioned on the label—a single major trade species animal. (2) Subsection (1) applies only to animals under the care of the veterinary surgeon. (3) However, subsection (1) does not allow a use— (a) contrary to a restraint statement on the label other than to treat a single animal; or (b) by injection unless the label gives instructions for use by injection. 12C Supply by veterinary surgeon to others (1) A veterinary surgeon may supply a registered veterinary chemical product that is not packed and labelled in the way stated in the Agvet Code— (a) for an animal under the care of the veterinary surgeon; or (b) to another veterinary surgeon in the same veterinary practice. (2) However, subsection (1)(b) applies only if a pharmacologically equivalent registered veterinary chemical product with instructions for use for the particular animal species being treated is not reasonably available in the particular circumstances. 12D Use by other persons in way stated in veterinary surgeon's instructions (1) A person, other than a veterinary surgeon, may use a registered veterinary chemical product, other than in a way stated in the instructions on the approved label for containers for the product if the person uses the product in the way stated in written instructions given by the veterinary surgeon who prescribed, supplied or recommended the product. (2) However, subsection (1) does not allow a use— (a) contrary to a restraint statement on the label other than to treat a single animal; or (b) by injection unless the label gives instructions for use by injection. Subdivision 2 Unregistered veterinary chemical products 12E Use of unregistered veterinary chemical products (1) A veterinary surgeon must not use, or prescribe, supply or recommend an unregistered veterinary chemical product for use to treat an animal. Maximum penalty for subsection (1)—600 penalty units. (2) Subsection (1) does not apply if the product is used, or prescribed, supplied or recommended for use in a way authorised by a permit or prescribed under a regulation. (3) It is a defence to a prosecution for an offence against subsection (1) to prove the product was used, or prescribed, supplied or recommended for use in a way authorised under section 12F or 12G. (4) A person, other than a veterinary surgeon, must not use an unregistered veterinary chemical product to treat an animal. Maximum penalty for subsection (4)—600 penalty units. Note— This subsection is an executive liability provision—see section 30A. (5) Subsection (4) does not apply if the product is used in a way authorised by a permit or prescribed under a regulation. (6) It is a defence to a prosecution for an offence against subsection (4) to prove the product was used in a way authorised under section 12H. (7) It is also a defence to a prosecution for an offence against subsection (1) or (4) to prove— (a) the product was a registered veterinary chemical product at some time in the 2 years immediately before its use by the defendant; and (b) the product's registration ended under section 47(2) or (3) of the Agvet Code; and (c) the defendant's use of the product did not contravene an instruction that appeared on the approved label for containers for the product immediately before the product's registration ended; and (d) the label was attached to the product's container immediately before the product was taken from the container. (8) This section is an eligible law for the definition 'permit' under section 109 of the Agvet Code. 12F Use by veterinary surgeon (1) A veterinary surgeon may use, or prescribe, supply or recommend an unregistered veterinary chemical product for use to treat— (a) animals other than trade species animals; or (b) a single trade species animal. (2) Subsection (1) applies only to animals under the care of the veterinary surgeon. 12G Supply by veterinary surgeon to others (1) A veterinary surgeon may supply an unregistered veterinary chemical product to another veterinary surgeon in the same veterinary practice. (2) However, subsection (1) applies only if a pharmacologically equivalent registered veterinary chemical product with instructions for use for the particular animal species being treated is not reasonably available in the particular circumstances. 12H Use by other persons in way stated in veterinary surgeon's instructions A person, other than a veterinary surgeon, may use an unregistered veterinary chemical product to treat an animal in the way stated in written instructions given by the veterinary surgeon who prescribed, supplied or recommended the product. Subdivision 3 Compounded veterinary chemical products 12I Use of compounded veterinary chemical products (1) A veterinary surgeon must not use, or prescribe, supply or recommend a compounded veterinary chemical product for use to treat an animal. Maximum penalty for subsection (1)—600 penalty units. (2) It is a defence to a prosecution for an offence against subsection (1) to prove the product was used, or prescribed, supplied or recommended for use in a way authorised under section 12J. (3) A pharmacist must not supply a compounded veterinary chemical product for use to treat an animal. Maximum penalty for subsection (3)—600 penalty units. (4) It is a defence to a prosecution for an offence against subsection (3) to prove the supply of the product was authorised under section 12K. (5) A person, other than a veterinary surgeon, must not use a compounded veterinary chemical product to treat an animal. Maximum penalty for subsection (5)—600 penalty units. Note— This subsection is a deemed executive liability provision—see section 31. (6) It is a defence to a prosecution for an offence against subsection (5) to prove the product was used in a way authorised under section 12L. 12J Use by veterinary surgeon (1) A veterinary surgeon may use, or prescribe, supply or recommend for use a compounded veterinary chemical product in a quantity needed for a single course of treatment of— (a) animals other than trade species animals; or (b) a single trade species animal. (2) Subsection (1) applies only to animals under the care of the veterinary surgeon. 12K Supply by pharmacist A pharmacist may supply a compounded veterinary chemical product in a quantity needed for a single course of treatment. 12L Use by other persons in way stated in written instructions A person, other than a veterinary surgeon, may use a compounded veterinary chemical product to treat an animal in the way stated in written instructions given by— (a) the veterinary surgeon who prescribed, supplied or recommended the product; or (b) the pharmacist who supplied the product. Subdivision 4 Information to be given by veterinary surgeon or pharmacist about the treatment of an animal 12M Information to be given by veterinary surgeon or pharmacist (1) This section applies to— (a) a veterinary surgeon who uses, or prescribes, supplies or recommends a veterinary chemical product or compounded veterinary chemical product for use to treat an animal under the care of the veterinary surgeon; or (b) a pharmacist who supplies a compounded veterinary chemical product under a prescription given by a veterinary surgeon to treat an animal. (2) The veterinary surgeon or pharmacist must give to the person in charge of the animal at the time of the treatment full and appropriate instructions about the treatment including the instructions mentioned in section 12N. Maximum penalty for subsection (2)—300 penalty units. (3) For subsection (2), the instructions— (a) must be in writing, which may include the instructions on the approved label for containers for the product (the label instructions); and (b) must explain whether or not the label instructions form part of the instructions; and (c) must include an explanation of the meaning of the instructions including the meaning of the label instructions that are equivalent to the matters mentioned in section 12N; and (d) for a registered veterinary chemical product to be used other than in a way stated in the label instructions—must include an explanation of the extent to which the label instructions do not form part of the instructions. (4) Subsection (2) applies to the treatment of an animal other than a trade species animal only if the treatment involves the use of— (a) a registered veterinary chemical product other than in a way stated in the label instructions; or (b) a veterinary chemical product that is an S4 medicine under the Medicines and Poisons Act 2019; or (c) an unregistered veterinary chemical product; or (d) a compounded veterinary chemical product. (5) If the person who receives the instructions mentioned in subsection (2) is not usually in charge of the animal, the person must give the instructions to the person usually in charge of the animal when that person again becomes in charge of the animal. Maximum penalty for subsection (5)—100 penalty units. 12N Information to be included in instructions (1) For treatment of a trade species animal, the instructions mentioned in section 12M must include— (a) whether there is a withholding period for use of the product and the length of the period; and (b) for a registered veterinary chemical product—particulars to identify the product and, if the product has a distinguishing number, the number; and (c) for a product other than a registered veterinary chemical product—particulars to identify the product; and (d) the name of the product's active constituent; and (e) the dosage; and (f) the frequency of the dosage; and (g) the treatment period; and (h) how the product is to be used to treat the animal; and (i) the species of animal to be treated; and (j) details to identify the particular animal; and (k) the date the product was used, prescribed, supplied or recommended for use; and (l) the expiry date of the product; and (m) the name and address of the veterinary surgeon or pharmacist who gave the instructions; and (n) the name and address of the person to whom the product is supplied; and (o) for a recommendation, the period the recommendation is to apply; and (p) other information prescribed under a regulation. (2) For treatment of an animal other than a trade species animal, the instructions mentioned in section 12M must include the matters mentioned in subsection (1)(b) to (p). 12O Instructions must be kept A person given instructions under section 12M, for treatment of trade species animals, must keep the instructions for— (a) the period prescribed under a regulation; or (b) if no period is prescribed—2 years. Maximum penalty—100 penalty units. Subdivision 5 Information to be given by person other than veterinary surgeon or pharmacist 12P Information to be given to person in charge of animal (1) This section applies to a person, other than a person mentioned in subsection (4), who uses a veterinary chemical product or compounded veterinary chemical product to treat a trade species animal. (2) The person must give the person in charge of the animal at the time of the treatment, full and appropriate written advice about the treatment including any written instructions given by a veterinary surgeon or pharmacist. Maximum penalty for subsection (2)—300 penalty units. (3) If the person who receives the advice is not usually in charge of the animal, the person must give the advice to the person usually in charge of the animal when that person again becomes in charge of the animal. Maximum penalty for subsection (3)—100 penalty units. (4) This section does not apply to— (a) a veterinary surgeon; or (b) the person usually in charge of the animal; or (c) an employee of the person usually in charge of the animal who uses the product in the course of the employment. 12Q Information to be included in written advice (1) The written advice mentioned in section 12P must include— (a) whether there is a withholding period for use of the product and the length of the period; and (b) for a registered veterinary chemical product—particulars to identify the product and, if the product has a distinguishing number, the number; and (c) for a product other than a registered veterinary chemical product—particulars to identify the product; and (d) the name of the product's active constituent; and (e) the dosage; and (f) the frequency of the dosage; and (g) the treatment period; and (h) how the product was used to treat the animal; and (i) the species of animal treated; and (j) details to identify the particular animal; and (k) the date the product was used; and (l) the name and address of the person using the product; and (m) the name and address of the person usually in charge of the animal; and (n) any other information prescribed under a regulation. (2) Subsection (3) applies to— (a) a person mentioned in section 12P(1); and (b) a person usually in charge of an animal, who receives written advice under section 12P(2) or (3). (3) Each person mentioned in subsection (2) must keep a copy of the advice for— (a) the period prescribed under a regulation; or (b) if no period is prescribed—2 years. Maximum penalty for subsection (3)—100 penalty units. Subdivision 6 Records to be kept 12R Records to be kept by veterinary surgeon (1) This section applies to a veterinary surgeon who uses, or prescribes, supplies or recommends for use, to treat a trade species animal any of the following— (a) a registered veterinary chemical product to be used other than in a way stated in the instructions on the approved label for containers for the product; (b) a veterinary chemical product that is an S4 medicine under the Medicines and Poisons Act 2019; (c) an unregistered veterinary chemical product; (d) a compounded veterinary chemical product. (2) The veterinary surgeon must keep a record of the treatment including— (a) whether there is a withholding period for use of the product and the length of the period; and (b) for a registered veterinary chemical product—particulars to identify the product and, if the product has a distinguishing number, the number; and (c) for a product other than a registered veterinary chemical product—particulars to identify the product; and (d) the name of the product's active constituent; and (e) the dosage; and (f) the frequency of the dosage; and (g) the treatment period; and (h) how the product was used to treat the animal; and (i) the species of animal treated; and (j) details to identify the particular animal; and (k) the date the product was used or prescribed, supplied or recommended for use; and (l) the expiry date of the product; and (m) the name and address of the person using, prescribing, supplying or recommending the product; and (n) the name and address of the person to whom the product is supplied; and (o) for a recommendation—the period the recommendation is to apply; and (p) other information prescribed under a regulation. Maximum penalty for subsection (2)—200 penalty units. (3) The veterinary surgeon must keep a copy of the record for— (a) the period prescribed under a regulation; or (b) if no period is prescribed—2 years. Maximum penalty for subsection (3)—200 penalty units. Subdivision 7 Withholding period 12S Meaning of withholding period The withholding period, for use of a chemical product or compounded veterinary chemical product, is the minimum period that must elapse between the last use of the product and— (a) for a use in relation to a crop or pasture—the harvesting or cutting of, or the grazing of animals on, the crop or pasture; or (b) for a use in relation to an animal, including the feeding of an animal on feed treated with the product—the shearing or slaughtering of the animal, or the collection of milk or eggs from the animal for human consumption. 12T Identification of animals to which withholding period applies (1) This section applies to a person in charge of a trade species animal if— (a) a veterinary chemical product or compounded veterinary chemical product is used to treat the animal; and (b) a withholding period applies to the use of the product. (2) The person must take reasonable steps to ensure the animal is identifiable as an animal mentioned in subsection (1) during— (a) the treatment period; and (b) the withholding period. Examples for subsection (2)— 1 tagging 2 physical segregation 3 written records Maximum penalty for subsection (2)—300 penalty units. 12U Notice of treatment on supply of trade species animal (1) This section applies to a person who supplies a trade species animal to another person if— (a) a veterinary chemical product or compounded veterinary chemical product was used to treat the animal; and (b) a withholding period applies to the use of the product and the period has not elapsed. (2) The person must give the other person written notice of the treatment including— (a) the withholding period for use of the product or the date the withholding period elapses; and (b) the name of— (i) the product used; or (ii) if the product does not have a name—the product's active constituent; and (c) details to identify the particular animal; and (d) the date of the treatment; and (e) other information prescribed under a regulation. Maximum penalty for subsection (2)—300 penalty units. (3) Subsection (4) applies to— (a) a person mentioned in subsection (1); and (b) a person who receives written notice under subsection (2). (4) Each person mentioned in subsection (3) must keep a copy of the notice for— (a) the period prescribed under a regulation; or (b) if no period is prescribed—2 years. Maximum penalty for subsection (4)—100 penalty units. 12V Observance of withholding period (1) This section applies to a person in charge of a trade species animal if— (a) a veterinary chemical product or compounded veterinary chemical product has been used to treat the animal; and (b) a withholding period applies to the use of the product. (2) The person must not, within the withholding period, allow the animal to be shorn or slaughtered or milk or eggs to be collected from the animal, for human consumption. Maximum penalty for subsection (2)—600 penalty units. Note— This subsection is an executive liability provision—see section 30A. Division 3 Agricultural chemical products Subdivision 1 Preliminary 12W Definitions for div 3 In this division— agricultural ERA see the Environmental Protection Act 1994, section 79. carrying out, an agricultural ERA, has the same meaning as carrying out an agricultural ERA under the Environmental Protection Act 1994. preparing, for a prescribed agricultural ERA product, means mixing the product or using it for testing. prescribed agricultural ERA conditions, for a prescribed agricultural ERA product, means the conditions prescribed for using, preparing, storing or possessing the product under section 13C(1)(b). prescribed agricultural ERA product means an agricultural chemical product prescribed under section 13C(1)(a). Subdivision 2 General provisions 13 Use of registered agricultural chemical products in contravention of labels (1) A person must not use a registered agricultural chemical product other than in a way stated in the instructions on the approved label for containers for the product. Maximum penalty for subsection (1)—600 penalty units. Note— This subsection is an executive liability provision—see section 30A. (2) Subsection (1) does not apply if the product is used in a way authorised by a permit or prescribed under a regulation. (3) It is a defence to a prosecution for an offence against subsection (1) to prove the product was used in a way authorised under section 13B. (4) This section is an eligible law for the definition 'permit' under section 109 of the Agvet Code. 13A Use of unregistered agricultural chemical products (1) A person must not use an agricultural chemical product unless it is a registered agricultural chemical product. Maximum penalty for subsection (1)—600 penalty units. Note— This subsection is an executive liability provision—see section 30A. (2) Subsection (1) does not apply if— (a) the product is used in a way authorised by a permit; or (b) the product is prescribed for this subsection under a regulation. (3) It is a defence to a prosecution for an offence against subsection (1) to prove— (a) the product was a registered agricultural chemical product at some time in the 2 years immediately before its use by the defendant; and (b) the product's registration ended under section 47(2) or (3) of the Agvet Code; and (c) the defendant's use of the product did not contravene an instruction that appeared on the approved label for containers for the product immediately before the product's registration ended; and (d) the label was attached to the product's container immediately before the product was taken from the container; and (e) if the offence relates to the use of a prescribed agricultural ERA product for carrying out an agricultural ERA—the defendant's use of the product complied with the prescribed agricultural ERA conditions for the product. (4) This section is an eligible law for the definition 'permit' under section 109 of the Agvet Code. 13B Compliance with instructions (1) A person does not contravene an instruction by using an agricultural chemical product at a concentration less than the concentration stated, unless the instruction states the product must be used at a stated concentration or a concentration not less than the concentration stated. (2) A person does not contravene an instruction by using an agricultural chemical product (whether or not diluted) at a rate lower than the rate stated, unless the instruction states the product must be used at a rate not lower than the rate stated. (3) A person does not contravene an instruction by using an agricultural chemical product more than once for the same plant, with the period between a use and the next being longer than the period stated, unless the instruction states that the period must not be longer than the period stated. (4) A person does not contravene an instruction about using an agricultural chemical product to control a pest if the person uses the product to control another pest, unless the instruction states the product must not be used to control the other pest. (5) A person does not contravene an instruction about a method of using an agricultural chemical product if the method used by the person (the alternative method) is different from the instruction, unless the instruction states the alternative method must not be used. (6) A person does not contravene an instruction by mixing an agricultural chemical product with another agricultural chemical product or a fertiliser or other substance, unless the instruction states the product must not be mixed with— (a) the other agricultural chemical product or the fertiliser or other substance; or (b) another agricultural chemical product or any fertiliser or other substance. Subdivision 3 Great Barrier Reef protection measures 13C Prescribed agricultural ERA products and conditions (1) A regulation may— (a) declare an agricultural chemical product to be a prescribed agricultural ERA product; and (b) prescribe conditions for using, preparing, storing and possessing the product for carrying out an agricultural ERA. (2) However, a regulation may be made under subsection (1) only if the Minister considers it is necessary or desirable to help achieve the purpose of the Environmental Protection Act 1994, chapter 4A. (3) To remove any doubt, it is declared that an agricultural chemical product may be declared as a prescribed agricultural ERA product under subsection (1)(a) and conditions may be prescribed for the product under subsection (1)(b) whether or not the product is a registered agricultural chemical product. 13D Compliance with prescribed agricultural ERA condition (1) A person uses, prepares, stores or possesses a prescribed agricultural ERA product for carrying out an agricultural ERA in compliance with a prescribed agricultural ERA condition for the product only if the use, preparation, storage or possession of the product complies with— (a) the condition; or (b) an agricultural ERA standard that applies to the agricultural ERA; or (c) if the person is accredited under a recognised accreditation program for the agricultural ERA—the recognised accreditation program. (2) In this section— agricultural ERA standard see the Environmental Protection Act 1994, section 81(1). recognised accreditation program see the Environmental Protection Act 1994, section 318YA. 13E Use etc. of registered agricultural ERA products for agricultural ERAs (1) A person must not use, prepare, store or possess a registered agricultural ERA product for carrying out an agricultural ERA other than in a way that complies with the prescribed agricultural ERA conditions for the product. Maximum penalty—100 penalty units. Note— This subsection is a deemed executive liability provision—see section 31. (2) This section is an eligible law for the definition 'permit' under section 109 of the Agvet Code. (3) In this section— registered agricultural ERA product means a registered agricultural chemical product that is a prescribed agricultural ERA product. Division 4 Chemical residues 13F Definition for division In this division— relevant thing means any of the following— (a) agricultural produce; (b) manufactured stock food; (c) the tissue of a trade species animal; (d) a product derived from a trade species animal. 14 Recall of chemicals etc. (1) The chief executive may, where the chief executive is of the opinion that it is in the public interest to do so having regard to the harm that may be caused to any property, any human or animal life, the environment or the State's trade with any other State or a Territory or another country by the use of a chemical or prescribed substance, give notice in writing to the primary dealer of the chemical or manufacturer or producer of the prescribed substance directing him or her, within the time specified in the notice, to take the steps and do the acts and things specified in the notice to recall the chemical or prescribed substance from other persons having it in their possession. (2) A notice given under subsection (1) may direct the person to whom it is given to destroy, denature or otherwise deal with any of the chemical or prescribed substance in or coming into the possession of the person, within the time and in the manner specified in the notice. (3) A person must not contravene a notice under subsection (1), unless the person has a reasonable excuse for the contravention. Maximum penalty—100 penalty units. Note— This subsection is a deemed executive liability provision—see section 31. (4) In this section— prescribed substance means— (a) any agricultural produce, manufactured stock food or fertiliser in or on which is the residue of a chemical; or (b) any substance in or on which is the residue of a chemical which substance is used in connection with any agricultural produce, manufactured stock food or fertiliser. 15 Duty to report chemical residues in or on relevant thing (1) This section applies to a person if the person becomes aware that the residue of a chemical in or on a relevant thing is more than the maximum residue limit prescribed for the thing. Examples of persons to whom this section may apply— • a person conducting an analysis of a relevant thing • a veterinary surgeon who treats a trade species animal • a person who monitors the residue of chemicals on agricultural produce for a supermarket or grocery store • a farmer who receives a report of an analysis of agricultural produce from a laboratory based outside Queensland (2) As soon as practicable but within 24 hours after becoming aware, the person must— (a) advise the standards officer that the residue of a chemical in or on the relevant thing exceeds the maximum residue limit prescribed for the thing; and (b) give the standards officer the required information for the relevant thing. Maximum penalty—40 penalty units. (3) However, the person is not required to comply with subsection (2) if the person becomes aware, before the person would otherwise be required to advise the standards officer under the subsection, that another person has advised the standards officer as required under subsection (2). Example— A person would not be required to advise the standards officer that the residue of a chemical in or on a relevant thing exceeds the maximum residue limit prescribed for the thing if a person who conducted an analysis of the thing had already advised the standards officer about it as soon as the results of the analysis were known. (4) A person complies with subsection (2)(b) if the person gives the standards officer a laboratory report about the residue of a chemical in or on a sample of the relevant thing that contains all of the required information for the relevant thing. (5) However, if the laboratory report does not contain all of the required information for the relevant thing, the person only complies with subsection (2)(b) if the person also gives the standards officer— (a) the required information that is not contained in the laboratory report for the relevant thing; and (b) sufficient information for the standards officer to identify the laboratory report to which the required information mentioned in paragraph (a) relates. Example— the sample number for the relevant thing the subject of the laboratory report (6) In this section— distinguishing number, for a relevant thing, includes a number with 1 or more letters or symbols. laboratory number, for a relevant thing, means the distinguishing number given to a sample of the thing by a laboratory that analysed the thing. required information, for a relevant thing, means the following information about the thing— (a) a description of the relevant thing; (b) if the relevant thing has a sample number—the sample number; (c) if the relevant thing has a laboratory number—the laboratory number; (d) the name of the residue of the chemical in or on the relevant thing; (e) the concentration of the residue of the chemical in or on the relevant thing; (f) the maximum residue limit prescribed for the residue of the chemical in or on the relevant thing; (g) the name and address of the person who manufactured or produced the relevant thing; (h) if the information mentioned in paragraph (g) is not reasonably available—the name and address of the person from whom the relevant thing was obtained. sample number, for a relevant thing, means a distinguishing number given to the sample of the thing by a person who made the sample of the thing. 15A [Repealed] 16 Agricultural produce etc. containing chemical residues not to be used etc. (1) The standards officer or an inspector may, by notice in writing given to a prescribed person, direct that person not to use, destroy, dispose of or otherwise deal with any prescribed substance to which the notice relates otherwise than as permitted (if at all) by the notice. (1A) Subsection (2) applies if the standards officer or an inspector suspects or believes on reasonable grounds that the cultivation of a plant in or on land, or the grazing or keeping of a trade species animal on land, would be likely to result in the residue of a chemical being present in or on a relevant thing in an amount more than the maximum residue limit prescribed for the relevant thing. (2) The standards officer or the inspector may, by notice in writing given to the owner or occupier of the land, direct the owner or occupier not to cultivate any plant or any class of plant in or on the land, or graze or keep a trade species animal on the land, other than as permitted under the notice. (3) A notice given by an inspector under subsection (1) or (2) shall have effect for the period specified therein but in no case exceeding 3 days. (4) Subject to subsection (5), a notice given by the standards officer under subsection (1) or (2) may be given without limit to time. (5) A notice given by the standards officer under subsection (1) or (2) shall specify a time after which it ceases to have effect unless the standards officer has received a report of an analysis conducted by an analyst that confirms the standards officer's suspicion or belief in respect of the matters to which the notice relates. (5A) This subsection shall not be construed to prevent the standards officer from giving successive notices under subsection (1) or (2). (5B) A notice given under this section must be accompanied by an information notice for the decision to give the direction. (6) A person must not contravene a notice under subsection (1) or (2), unless the person has a reasonable excuse for the contravention. Maximum penalty for subsection (6)—800 penalty units. Note— This subsection is an executive liability provision—see section 30A. (7) In this section— prescribed person means a person having possession of any prescribed substance or, where the prescribed substance is in transit, the person into whose possession it is to be delivered. prescribed substance means— (a) a relevant thing in or on which the standards officer or an inspector suspects or believes on reasonable grounds there is the residue of a chemical in an amount more than the maximum residue limit prescribed for the relevant thing; or (b) plants from which agricultural produce may be derived in or on which the standards officer or inspector suspects or believes on reasonable grounds that there is the residue of a chemical in an amount such that agricultural produce derived from the plants is likely to have therein or thereon the residue of a chemical in an amount that exceeds the maximum residue limit prescribed for that produce; or (c) a trade species animal in which the standards officer or an inspector suspects or believes on reasonable grounds there is the residue of a chemical in an amount that a product derived from the animal is likely to have in it the residue of a chemical in an amount more than the maximum residue limit prescribed for the product; or (d) a substance in or on which the standards officer or inspector suspects or believes on reasonable grounds that there is the residue of a chemical in such an amount that the ordinary use of the substance is likely to result, directly or indirectly, in the residue of a chemical being in or on agricultural produce, manufactured stock food or a product derived from a trade species animal in an amount more than the maximum residue limit prescribed for the produce, stock food or product. 17 Approval to use etc. agricultural produce etc. or cultivate plants, or graze or keep trade species animals, on land (1) Where a person wishes to— (a) use, destroy, dispose of or otherwise deal with any prescribed substance; or (b) cultivate a plant, or graze or keep a trade species animal, on land; within a time or in a manner that is contrary to a direction contained in a notice under section 16, the person may apply in writing to the standards officer for approval to use, destroy, dispose of or otherwise deal with the prescribed substance or, as the case may be, cultivate the plant, or graze or keep the trade species animal, on the land, as specified in the application. (2) The standards officer may, whether pursuant to an application made under subsection (1) or otherwise, approve in writing— (a) the use, destruction or disposal of or other dealing with any prescribed substance; or (b) the cultivation of a plant, or the grazing or keeping of a trade species animal, on land; within a time or in a manner that is contrary to a direction contained in a notice under section 16 if the standards officer is satisfied that such use, destruction, disposal or other dealing or, as the case may be, cultivation, grazing or keeping— (c) is not a breach of any other Act or a law made under any other Act; and (d) will not cause harm, that in the circumstances is unreasonable, to any property, any human or animal life, the environment or the State's trade with any other State or a Territory or another country. (3) An approval given under this section may be given subject to such terms and conditions as are specified therein. (4) To the extent that a notice under section 16 is not consistent with an approval given under this section, that notice shall cease to be of force or effect. (4A) If the standards officer refuses an application made under subsection (1), the standards officer must, as soon as practicable after making the decision, give the person an information notice for the decision. (5) A person who uses, destroys or disposes of or otherwise deals with a prescribed substance or cultivates a plant, or grazes or keeps a trade species animal, on land contrary to an approval given under this section commits an offence. Maximum penalty for subsection (5)—800 penalty units. Note— This subsection is an executive liability provision—see section 30A. (6) In this section— prescribed substance means agricultural produce, manufactured stock food, a plant, a trade species animal, a product derived from a trade species animal, or other substance. 18 Destruction of agricultural produce etc. at direction of chief executive (1) If the chief executive is notified by the standards officer that the residue of a chemical is in or on— (a) a portion or sample of any agricultural produce, manufactured stock food or a product derived from a trade species animal in an amount more than the maximum residue limit prescribed for the produce, stock food or product; or (b) a portion or sample of any plants from which agricultural produce may be derived and the chief executive forms the opinion that agricultural produce derived from the plants is likely to have therein or thereon the residue of a chemical in an amount more than the maximum residue limit prescribed for that produce; or (c) a portion or sample of a trade species animal from which a product may be derived and the chief executive forms the opinion that the product is likely to have in or on it the residue of a chemical in an amount more than the maximum residue limit prescribed for the product; or (d) a portion or sample of any other substance and the chief executive forms the opinion that the ordinary use of the substance is likely to result directly or indirectly in any agricultural produce, manufactured stock food or a product derived from a trade species animal having in or on it the residue of a chemical in an amount more than the maximum residue limit prescribed for the produce, stock food or product; the chief executive may by notice in writing given to any person in possession of the agricultural produce, manufactured stock food, plants, a product derived from a trade species animal, or other substance from which the portion or sample was taken, direct the person to cause it or them to be destroyed, or otherwise disposed of, in the manner and within the time specified in the notice. (2) A person to whom a notice is given under subsection (1) shall not use, destroy, dispose of or otherwise deal with the substance to which the notice relates otherwise than as directed by the notice. Maximum penalty for subsection (2)—600 penalty units. Note— This subsection is an executive liability provision—see section 30A. 19 Standards officer may cause notice under section 18 to be complied with (1) If a person to whom a notice is given under section 18 fails to comply with any direction contained therein within the time specified therein the standards officer may do or cause to be done anything required by the direction to be done. (2) The expenses incurred by the standards officer acting pursuant to subsection (1) shall be a debt due and owing to the standards officer by the person to whom the notice was given. (3) For the purpose of exercising his or her powers under subsection (1) the standards officer and any person authorised by the standards officer in that behalf may enter any place to which the direction relates together with such vehicles and equipment as the standards officer or other person considers necessary and there do that which is required by the direction to be done. Part 3 Miscellaneous 20 Powers of inspectors (1) An inspector may— (a) enter any place (using such force as is necessary) in, at or on which the inspector has reasonable grounds for suspecting or believing that— (i) any chemical is kept, stored, used, made, manufactured, mixed or prepared for use; or (ii) there is or may be any equipment used or intended to be used in connection with the use of a chemical; or (iii) any chemical has been, is being or will be used; or (iv) any prescribed substance is kept, stored, used, made, cultivated, grazed, mixed or prepared for sale or sold; or (b) enter any place (using such force as is necessary) if the inspector has reasonable grounds for suspecting or believing that his or her entry may assist the inspector to ascertain the cause of any prescribed substance having the residue of a chemical in or on it; or (c) investigate and inquire into any matter for the purpose of ascertaining whether or not this Act is being complied with; or (d) search for, inspect and examine any chemical or prescribed substance or any equipment (including an aircraft) used in connection with the preparation, mixing, loading or use of any chemical; or (e) open or break open any package containing or which the inspector believes on reasonable grounds to contain any chemical or prescribed substance; or (f) select, take and remove for analysis any chemical or prescribed substance or portions or samples of any chemical or prescribed substance; or (g) seize and detain— (i) any prescribed substance that the inspector suspects or believes on reasonable grounds has been dealt with in a manner that is contrary to a direction contained in a notice under section 16 or not in accordance with an approval given under section 17; or (ii) any agricultural produce or manufactured stock food derived from a plant, or product derived from a trade species animal, to which a notice under section 16 or an approval under section 17 relates if the inspector suspects or believes on reasonable grounds the plant or animal has been dealt with in a way that is contrary to a direction in the notice or not in compliance with the approval; or (iii) any proscribed chemical in the possession of or being used by a person where the inspector suspects or believes on reasonable grounds that such possession or use constitutes an offence against this Act; or (iv) any chemical or package that the inspector suspects or believes on reasonable grounds is being or has been used, stored, disposed of or otherwise dealt with contrary to this Act; or (h) remove any chemical or prescribed substance seized by the inspector or allow all or part of the chemical or substance to remain at the place of seizure and, in that case, may fasten, secure, or seal and label, the chemical or substance or any package containing the chemical or substance or any door, gate or aperture affording access to the chemical, substance or package; or (i) weigh, count, measure, gauge, brand, label, mark or otherwise identify any chemical or prescribed substance; or (j) require a person to produce to the inspector any accounts, books, invoices, records or other documents relating to the sale, storage or use of any chemical or prescribed substance and may retain the same for the purpose of making a copy thereof or taking an extract therefrom and may make the copy or take the extract; or (k) require a person in possession of any chemical or prescribed substance to state the name and address (if known to the person) of or otherwise identify the person from whom he or she acquired the chemical or substance; or (l) in the exercise of the inspector's powers photograph or make such audio or visual recordings as the inspector considers necessary or desirable; or (m) require a person found by the inspector committing an offence against this Act or who the inspector has reasonable grounds for believing has committed an offence against this Act or whose name and address are in the inspector's opinion formed on reasonable grounds required for the purposes of this Act, to state the person's full name and the address of his or her usual place of business or residence and, if the inspector suspects on reasonable grounds that a name or address so stated is false, may require the person to produce evidence of the correctness thereof; or (n) stop, detain and search any vehicle— (i) used or that the inspector suspects or believes on reasonable grounds is being or is likely to be used to convey any chemical or prescribed substance or to apply any chemical; or (ii) in, on or from which the inspector suspects or believes on reasonable grounds any chemical or prescribed substance is sold or prepared for sale, packed, stored, handled, or supplied for sale or use; or (o) call to his or her aid a person who the inspector thinks is competent to assist him or her in the exercise of his or her powers and authorities or the discharge of his or her functions and duties and a person while aiding an inspector shall have the powers and authorities of an inspector; or (p) for the purpose of exercising the inspector's powers, require the owner or occupier of any place entered by the inspector for the purposes of this Act to provide the inspector with all reasonable assistance; or (q) exercise such other powers or authorities and discharge such functions and duties as are prescribed. (2) A person shall comply with the requirement of an inspector made under subsection (1). Maximum penalty for subsection (2)—100 penalty units. (3) In this section— prescribed substance means any of the following— (a) agricultural produce; (b) manufactured stock food; (c) a trade species animal; (d) a product derived from a trade species animal; (e) fertiliser; (f) a plant; (g) a substance used in connection with a thing mentioned in paragraphs (a) to (f). 20A Use of body-worn cameras (1) It is lawful for an inspector to use a body-worn camera to record images or sounds while the inspector is exercising a power under this Act. (2) Use of a body-worn camera by an inspector under subsection (1) includes use that is— (a) inadvertent or unexpected; or (b) incidental to use while exercising the inspector's power. (3) Subsection (1) does not affect an ability the inspector has at common law or under another Act to record images or sounds. (4) To remove any doubt, it is declared that subsection (1) is a provision authorising the use by an inspector of a listening device, for the purposes of the Invasion of Privacy Act 1971, section 43(2)(d). (5) In this section— body-worn camera means a device— (a) worn on clothing or otherwise secured on a person; and (b) designed to be used to— (i) record images; or (ii) record images and sounds. 21 Warrants (1) Before an inspector enters a part of any premises or other place which part is used exclusively as a dwelling house the inspector shall, save where the inspector has the permission of the occupier of that part to this entry, obtain from a Stipendiary Magistrate a warrant to enter. (2) A Stipendiary Magistrate who is satisfied upon the complaint of an inspector that there is reasonable cause to suspect— (a) that in any premises or other place an offence against this Act has been, is being or is likely to be committed; or (b) that there is in any premises or other place any thing in respect of which an offence against this Act has been, is being or is likely to be committed; or (c) that there is in any premises or other place anything that will afford evidence of the commission of an offence against this Act; may issue his or her warrant directed to an inspector to enter the premises or other place named in the warrant for the purpose of exercising therein the powers and authorities conferred upon an inspector by or under this Act. (3) A warrant shall be, for the period of 1 month from the date of its issue, sufficient authority for the inspector and all persons actin