Tasmania: Agricultural and Veterinary Chemicals (Control of Use) Act 1995 (Tas)

Agricultural and Veterinary Chemicals (Control of Use) Act 1995 An Act to control the use and application of agricultural chemical products and veterinary chemical products, to provide for related matters and to repeal certain Acts [Royal Assent 8 December 1995] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Agricultural and Veterinary Chemicals (Control of Use) Act 1995 . 2. Commencement This Act commences on a day to be proclaimed. 3. Interpretation (1) In this Act, unless the contrary intention appears – Advisory Committee means the Tasmanian Agricultural and Veterinary Chemicals Advisory Committee established under section 14 ; aerial spraying means the spraying, spreading or dispersing of an agricultural chemical product from an aircraft in flight; agricultural produce means any animal product or – (a) any carcass, or part of a carcass, of an animal; or (b) any plant or part of a plant, whether harvested or not; or (c) any commodity obtained from a plant or an animal; or (d) anything that is ordinarily used as, or manufactured into, food for humans or animals – and includes any other commodity that is obtained from a plant or an animal and that is declared under subsection (3) to be agricultural produce; agricultural spraying means the spraying, spreading or dispersing of an agricultural chemical product whether by hand or from any machine or piece of equipment, and includes aerial spraying; aircraft means any machine, other than a hovercraft, that can derive support in the atmosphere from the reaction of the air but does not include a machine operated by remote control; analyst means an analyst appointed and holding office under section 51 ; animal product means – (a) the hide, skin, hair, wool, feather, shell, horn, fin or hoof of an animal; or (b) any part of the viscera of an animal; or (c) any bone or blood of an animal or any article or substance derived from the bone or blood of an animal; or (d) any article or substance derived from an animal whether or not in combination with any other article or substance; approved insurance policy means a policy that is approved or belongs to a class of policy that is approved under section 36 ; Chief Veterinary Officer means the person holding office as Chief Veterinary Officer under the Biosecurity Act 2019 ; Code means the Agvet Code of Tasmania, within the meaning of the Agricultural and Veterinary Chemicals (Tasmania) Act 1994 ; contaminant, in relation to stock or agricultural produce, means any residue of a chemical or chemical product in excess of the maximum residue limit or a metal in excess of the maximum permitted concentration or, if no such limit or concentration is declared, in excess of the level which may reasonably be expected to be detected in the stock or agricultural produce if not subjected to any specific source of the chemical or chemical product and includes a radioactive product; contaminated – (a) in relation to stock or agricultural produce, means stock or agricultural produce in or on which a contaminant is present; or (b) in relation to a preparation or fitting, means a preparation or fitting which if used in the normal manner would cause or be likely to cause the presence of a contaminant in stock or agricultural produce; contaminated produce notice means a notice issued and in force under section 42 ; contaminated stock notice means a notice issued and in force under section 41 ; Council means the Agricultural, Silvicultural and Veterinary Chemicals Council established under section 9 ; deal with, in relation to a chemical product, includes store or dispose of the product; Deputy Registrar means the Deputy Registrar of Chemical Products appointed under section 17 ; destruction notice means a notice issued and in force under section 45 ; fitting means any equipment or other thing used in the handling or keeping of stock; inspector means a person appointed as an inspector under section 47 ; maximum permitted concentration, in relation to a substance present in stock or agricultural produce, means the concentration that is set out in any code, standard, rule, specification or guideline adopted or incorporated by regulations made under the Food Act 2003 or declared under subsection (5) to be the maximum permitted concentration for that substance in relation to that stock or agricultural produce; maximum residue limit, in relation to a substance present in stock or agricultural produce, means the level that is set out in any code, standard, rule, specification or guideline adopted or incorporated by regulations made under the Food Act 2003 or declared under subsection (5) to be the maximum residue limit for that substance in relation to that stock or agricultural produce; operator, in relation to an aircraft, means – (a) if the aircraft is subject to a hire-purchase agreement or a lease, the person in possession of the aircraft; or (b) if the aircraft is borrowed for use (whether or not under a financial arrangement), the person borrowing the aircraft; or (c) in any other case, the owner of the aircraft; premises use restriction notice means a notice issued under section 43 ; preparation means any substance or mixture which, if it contained a chemical or chemical product, would cause or be likely to cause the presence of a contaminant in or on stock or agricultural produce; Registrar means the Registrar of Chemical Products appointed under section 17 ; Secretary means the Secretary of the Department; stock means any animal of a food-producing species or any animal of which any part is used as, or which produces any product that is ordinarily used as, or manufactured into, fibre and any other animal declared under subsection (3) to be stock; veterinary chemical product has the same meaning as in the Code except that, despite section 5 (4) of the Code, it includes – (a) a substance or mixture that is – (i) prepared by a pharmacist in accordance with the instructions of a veterinary surgeon; or (ii) prepared by a veterinary surgeon – in the course of the practice, by the person preparing the substance or mixture of substances, of his or her profession; and (b) a substance declared under subsection (3) to be a veterinary chemical product – but does not include a substance that is declared under subsection (4) not to be a veterinary chemical product; veterinary surgeon means a veterinary surgeon registered under the Veterinary Surgeons Act 1987 . (2) Unless the contrary intention appears, a word or expression used in the Code has the same meaning in this Act as it has in the Code. (3) The Minister, by notice in the Gazette, may declare – (a) a commodity, or a class of commodity, that is obtained from a plant or an animal to be agricultural produce; or (b) an animal to be stock; or (c) a substance to be a veterinary chemical product; or (d) a substance not to be a veterinary chemical product. (4) The Minister, by notice in the Gazette, may declare a product or substance, or a class of product or substance, which is not required to be registered under the Code to be a product or substance which is subject to this Act or such of the provisions of this Act as are specified in the order. (5) The Minister, by notice in the Gazette, may declare concentrations or limits in relation to a prescribed substance present in stock or agricultural produce to be the maximum permitted concentration or the maximum residue limit for that substance in relation to that stock or agricultural produce. (6) For the purposes of subsection (5) , prescribed substance, in relation to stock or agricultural produce, means – (a) a substance in respect of which the maximum permitted concentration or the maximum residue limit in relation to that stock or agricultural produce has not been set out in any code, standard, rule, specification or guideline adopted or incorporated by regulations made under the Food Act 2003 ; or (b) a substance declared under subsection (4) . 4. Act binds Crown This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities. 5. Objectives to be furthered It is the obligation of any person on whom a function is imposed or a power is conferred under this Act to perform the function or to exercise the power in such a manner as to further the objectives set out in Schedule 1 . 6. Saving of other laws This Act does not affect in any way the operation of any other law unless the contrary intention appears or unless that law is not capable of operating concurrently with this Act. 7. Exemptions (1) If the Minister considers it is in the public interest to do so, and after consultation with the NRA, the Minister, by order, may exempt any person, product, equipment or method of application or any class of person, product, equipment or method of application from any of the provisions of this Act either unconditionally or in specified circumstances. (2) Before making an order under subsection (1) , the Minister must consult with the Minister administering the Food Act 2003 and the Minister administering the Environmental Management and Pollution Control Act 1994 . 8. Labels attached to containers (1) For the purposes of this Act, a label is attached to a container if the label is securely attached or affixed to, appears on, or is included with, the container. (2) For the purposes of this Act but without limiting the generality of subsection (1) – (a) writing appearing on a container is taken to have been written on a label attached to the container; and (b) a reference to a label attached to a container includes a reference to writing appearing on the container; and (c) a reference to attaching a label to a container includes a reference to putting writing on the container. PART 2 - Administration Division 1 - The Agricultural, Silvicultural and Veterinary Chemicals Council 9. Establishment of Agricultural, Silvicultural and Veterinary Chemicals Council The Agricultural, Silvicultural and Veterinary Chemicals Council is established. 10. Constitution of Council (1) The Council consists of – (a) the Secretary or a person nominated by the Secretary and approved by the Minister who is the chairperson of the Council; and (b) the Secretary of the responsible Department in relation to the Environmental Management and Pollution Control Act 1994 or a person nominated by the Secretary of that Department and approved by the Minister administering that Act; and (c) the Secretary of the responsible Department in relation to the Food Act 2003 or a person nominated by the Secretary of that Department and approved by the Minister administering that Act. (2) Schedule 2 has effect with respect to meetings of the Council. 11. Functions of Council The functions of the Council are as follows: (a) to advise the Minister, the Minister administering the Food Act 2003 and the Minister administering the Environmental Management and Pollution Control Act 1994 on matters relating to chemical products and their use; (b) to recommend to the Minister the making of orders and regulations under this Act; (c) to develop or approve codes of practice in relation to the handling of chemical products and the monitoring of residues in water supplies, food and fibre; (d) to monitor guidelines adopted for the use of chemical products nationally and internationally; (e) to examine standards of residues and develop guidelines to ensure best practice in the handling of chemical products; (f) to examine problems of the use of chemical products in farming and forestry and identify priority areas for action to minimise the presence of chemical products and residues; (g) to commission research on economic methods to minimise the use of chemical products; (h) to perform such other functions as are imposed on it by this or any other Act. 12. Powers of Council (1) The Council may do all things necessary or convenient to be done for or in connection with, or incidental to, the performance of its functions. (2) Subject to subsection (3) , the Council may direct the Registrar to suspend or cancel any permit issued by the Registrar. (3) The Council may not exercise its power under subsection (2) in relation to a permit which has been issued by the Registrar in accordance with an agreement with the NRA. 13. Reports, &c. (1) The Council is to give to the Minister such information and reports relating to its functions and powers as the Minister requires or as it considers appropriate. (2) If the Minister receives any information or report from the Council, the Minister is to give a copy of the information or report to the Minister administering the Food Act 2003 and the Minister administering the Environmental Management and Pollution Control Act 1994 . Division 2 - The Tasmanian Agricultural and Veterinary Chemicals Advisory Committee 14. Establishment of Tasmanian Agricultural and Veterinary Chemicals Advisory Committee The Tasmanian Agricultural and Veterinary Chemicals Advisory Committee is established. 15. Constitution of Advisory Committee (1) The Advisory Committee consists of – (a) the Registrar, who is the chairperson of the Advisory Committee; and (b) a person employed in the Department who possesses experience in the assessment or regulation of chemical products nominated by the Secretary; and (c) the Chief Veterinary Officer; and (d) a medical practitioner, or a pharmacist, employed in the responsible Department in relation to the Food Act 2003 nominated by the Minister administering that Act; and (e) a person experienced in assessing the use and effects of chemicals nominated by the Minister administering the Environmental Management and Pollution Control Act 1994 ; and (f) a person nominated by the Tasmanian Farmers and Graziers Association to represent the users of chemical products; and (g) a person to represent the interests of consumers; and (h) a person to represent the interests of commercial operators conducting business in the application of chemical products; and (i) a veterinary surgeon nominated by the Australian Veterinary Association (Tasmanian Division). (2) The members of the Advisory Committee, other than the chairperson and the member referred to in subsection (1) (c) , are to be appointed by the Minister. (3) Schedule 3 has effect with respect to the membership of the Advisory Committee. (4) Schedule 4 has effect with respect to the meetings of the Advisory Committee. 16. Functions and powers of Advisory Committee (1) The functions of the Advisory Committee are as follows: (a) to advise the Registrar on all matters relating to permits referred to it by the Registrar; (b) to recommend to the Council policies and guidelines relating to the use of chemical products; (c) to advise the Council on any matter relating to chemicals and chemical products referred to it by the Council or considered by the Advisory Committee to be relevant. (2) The Advisory Committee may do all things necessary or convenient to be done for or in connection with, or incidental to, the performance of its functions. (3) If the Advisory Committee is of the opinion that any matter relating to its functions should be referred to the Minister, the Advisory Committee may refer the matter to the Minister and is to inform the Council of its opinion and make such representations and recommendations in relation to that matter to the Council as it considers appropriate. Division 3 - The Registrar 17. Registrar (1) The Secretary, by instrument in writing, must appoint a person employed in the Department to be the Registrar of Chemical Products and a person employed in the Department to be the Deputy Registrar of Chemical Products. (2) A person appointed as the Registrar of Chemical Products or the Deputy Registrar of Chemical Products holds that office in conjunction with State Service employment. (3) The Deputy Registrar may, subject to any direction given by the Registrar, perform or exercise any of the functions or powers imposed or conferred on the Registrar under this Act and any act or thing done by the Deputy Registrar in the performance or exercise of those functions or powers has the same force and effect as if it had been done by the Registrar. (4) In performing or exercising any of his or her functions or powers under this Act, the Registrar is to give consideration to any policies or guidelines established by the Council or the NRA and must act in accordance with any direction given to the Registrar by the Council. (5) The Registrar is to advise the Council of any decisions made by the Registrar or Deputy Registrar under this Act. (6) The Registrar is to advise the NRA of any permits issued under this Act. PART 3 - Restrictions and Prohibitions on Use of, or Dealing With, Chemical Products 18. Offences involving use, &c., of chemical products (1) A person must not use or deal with a chemical product unless – (a) it is registered under the Code and it is used or dealt with in accordance with a label approved under the Code in relation to that chemical product; or (b) it is used or dealt with in accordance with a permit granted and in force under this Act or a permit issued and in force under the Code; or (c) all the following subparagraphs apply: (i) the chemical product was registered under the Code at the time it came into the person's possession; (ii) the period beginning on the day when the chemical product ceased to be so registered and ending on the day when it was used is not longer than a period that the Registrar, after consultation with the NRA, has determined in relation to the chemical product for the purposes of this subparagraph; (iii) the chemical product was acquired for use and not for supply; (iv) a recall notice has not been issued by the NRA in respect of the chemical product; (v) an order has not been made under this Act prohibiting the chemical product's use; or (d) it is a veterinary chemical product prepared by – (i) a veterinary surgeon; or (ii) a registered pharmaceutical chemist acting in accordance with the instructions of a veterinary surgeon – and is handled in accordance with an advice notice or label in the prescribed form. Penalty: Fine not exceeding 200 penalty units. (1A) If a chemical product is registered under the Code and is used – (a) at a lower concentration than is advised on a label referred to in subsection (1)(a) ; or (b) at a lower rate of application than is advised on that label; or (c) at a lower frequency than is advised on that label; or (d) on a crop identified on that label to treat a pest or disease that is not so identified – that use of the chemical product is taken to comply with subsection (1)(a) . (2) A person must not at any time (in this section referred to as "the relevant time") have in the person's possession or custody for the purpose of use a chemical product unless – (a) it is registered under the Code; or (b) the container containing the chemical product has attached to it a label identical to a label approved under the Code in relation to that chemical product; or (c) all the following subparagraphs apply: (i) the chemical product was registered under the Code at the time it came into the person's possession; (ii) the chemical product was acquired for use and not for supply; (iii) a recall notice has not been issued by the NRA in respect of the chemical product; (iv) the period beginning on the day when the chemical product ceased to be so registered and ending at the relevant time is not longer than a period that the Registrar, after consultation with the NRA, has determined in relation to the chemical product for the purpose of this subparagraph. Penalty: Fine not exceeding 200 penalty units. (3) A person is not guilty of an offence under subsection (2) in relation to a chemical product the registration of which has been suspended under the Code. 19. Permit A permit may be applied for, granted or refused only in accordance with Schedule 5 . 20. Orders prohibiting or regulating handling, &c. (1) A person must not handle, use, prescribe or otherwise deal with any chemical product in contravention of an order made by the Minister that prohibits or regulates the handling of a chemical product or class of chemical product that– (a) is specified in the order; or (b) contains a constituent that is, or is part of a class that is, specified in the order; or (c) contains a constituent other than in the proportion specified in the order in relation to a class of constituents of which that constituent is a part. Penalty: In the case of– (a) a corporation, a fine not exceeding 400 penalty units; or (b) any other person, a fine not exceeding 200 penalty units. (2) The Minister, by order, may – (a) prohibit or regulate the handling of a chemical product by reference to any conditions or circumstances specified in the order; or (b) prohibit the handling of a chemical product except as permitted by a permit granted and in force under this Act; or (c) prohibit or regulate the use of a chemical product – (i) for all purposes; or (ii) for any purpose specified in the order; or (iii) for any purpose other than a purpose specified in the order; or (d) prohibit or regulate the mixing together of chemical products; or (e) prohibit or regulate the mixing of chemical products with any other substance; or (f) prohibit or regulate the sale, supply or prescription of a veterinary chemical product by a veterinary surgeon; or (g) prohibit or regulate the sale or supply of chemical products otherwise than in the normal course of sale by retail or by wholesale. (3) Before making an order under subsection (2) , the Minister must consult with the Minister administering the Food Act 2003 and the Minister administering the Environmental Management and Pollution Control Act 1994 . 21. Offence of commercial use without a licence A person must not offer a service for fee or reward which involves – (a) the use of a prescribed chemical product; or (b) the use of chemical products of a class that is prescribed; or (c) the use of a chemical product in a prescribed manner – unless that person holds a commercial operator licence granted and in force under this Act and complies with any conditions of that licence. Penalty: Fine not exceeding 200 penalty units. 22. Commercial operator licence A commercial operator licence may be applied for, granted or refused only in accordance with Schedule 5 . 23. Offence of use, &c., of restricted chemical product without a restricted chemical product permit (1) A person must not use a restricted chemical product unless that person holds a restricted chemical product permit granted and in force under this Act. Penalty: Fine not exceeding 100 penalty units. (2) A person must not at any time have in the person's possession or custody for the purpose of use a restricted chemical product unless the person holds a restricted chemical product permit granted and in force under this Act. Penalty: Fine not exceeding 100 penalty units. 24. Restricted chemical product permit A restricted chemical product permit may be applied for, granted or refused only in accordance with Schedule 5 . 25. Offence of altering, &c., storage instructions A person must not transfer a chemical product from the container in which it is supplied in accordance with the Code into another container except – (a) where it is to be used immediately; or (b) where the other container has a label attached to it bearing relevant matter identical to that on the container in which it was supplied. Penalty: Fine not exceeding 20 penalty units. 26. Regulations with respect to use, &c., of certain chemical products (1) Regulations under this Act may, in relation to any chemical product or class of chemical product, make provision – (a) for regulating the preparation for use and handling of the chemical product or class of chemical product; and (b) for the protection of persons from injury or illness, or the risk of injury or illness, arising from the handling, use or misuse of the chemical product or class of chemical product; and (c) for prohibiting or restricting the classes of animals or plants to which the chemical product or class of chemical product may be applied. (2) Without prejudice to the generality of subsection (1) , the regulations referred to in that subsection may, in relation to any chemical product or class of chemical product, make provision – (a) imposing requirements with respect to the buildings and other premises in which the chemical product or class of chemical product is prepared for use or handled, the vehicles or vessels in which it is conveyed and the conditions in which it is prepared for use or handled; and (b) relating to the materials to be used in the construction of facilities used to store the chemical product or class of chemical product, the security of those facilities and the services and equipment to be used in the case of accidents or emergencies at those facilities; and (c) prohibiting the use of the chemical product or class of chemical product for specified purposes or in specified cases or circumstances or classes of cases or circumstances and imposing restrictions or conditions as to the purposes for which, the circumstances in which, or the methods or means by which, the chemical product or class of chemical product may be used; and (d) imposing conditions in relation to the identification, marking, movement, supply, disposal or otherwise dealing with stock or agricultural produce to which the chemical product or class of chemical product has been applied or to stock or agricultural produce to which the chemical product or class of chemical product has not been applied and imposing conditions in relation to the methods or means used in that identification, marking, movement, supply, disposal or other dealing; and (e) providing for the grant of certificates of competency in relation to the handling or use of the chemical product or class of chemical product and prohibiting that handling or use or any work or operation in connection with that handling or use except by or under the supervision of a person holding such a certificate; and (f) requiring the provision and keeping in good order, and requiring and regulating the use of protective clothing and equipment, of facilities for washing and cleaning, and of other things needed for protecting persons from the effects of the chemical product or class of chemical product or the residues of the chemical product or class of chemical product, or for removing sources of the chemical product or class of chemical product; and (g) requiring the provision and keeping available in good order, and requiring and regulating the use, of facilities for preventive and first aid treatment to persons at risk of suffering, or suffering, any illness or injury from the handling or use of the chemical product or class of chemical product; and (h) requiring the taking of measures for ascertaining the state of the health or physical condition of persons engaging, or proposing to engage, in the handling or use of the chemical product or class of chemical product and for detecting and investigating cases in which illness or injury has occurred, or is suspected to have occurred, to any such persons, including the undergoing of medical examinations, and the taking of blood and other tests and the giving of notifications of illness, injuries and absences from work; and (i) limiting or restricting the periods during which a person may be engaged in any operation or work for or in connection with the handling or use of the chemical product or class of chemical product and imposing prohibitions or restrictions on a person engaging in any such operation or work by reason of the person's age, state of health, bodily condition or other circumstances; and (j) requiring, regulating or prohibiting the carrying out of specified operations on premises on which the chemical product or class of chemical product has been used; and (k) prohibiting the entry, for such period as is specified in the regulations, on premises in which the chemical product or class of chemical product has been used; and (l) requiring the keeping of records, the giving of notifications and the furnishing of records and returns, relating to the handling or use of the chemical product or class of chemical product; and (m) relating to the making of declarations stating that the chemical product or class of chemical product has not been used in the production of agricultural produce or raising of stock. (3) The regulations made for the purposes of subsections (1) and (2) may – (a) impose obligations on persons employing persons in any work or operation in the conveyance or use of, or otherwise dealing with, a chemical product or class of chemical product, on persons so employed and on other persons; and (b) impose duties and confer powers on inspectors, analysts, classes of State Service officers and State Service employees specified in the regulations and classes of employees of councils, within the meaning of the Local Government Act 1993 , specified in the regulations. (4) Regulations under this Act may make provision for or with respect to the registration of sellers of restricted chemical products and other prescribed chemical products, prescribed preparations and prescribed fittings and the areas in which those chemical products, preparations or fittings are stored. PART 4 - Controls Over Use of Agricultural Chemical Products 27. Orders controlling or prohibiting agricultural spraying or use of chemical products (1) The Minister, by order, may control or prohibit agricultural spraying for the purpose of protecting susceptible plants and stock, public health, the environment and trade. (2) Before making an order under subsection (1) , the Minister must consult with the Minister administering the Food Act 2003 and the Minister administering the Environmental Management and Pollution Control Act 1994 . 28. Effect of order (1) An order under section 27 applies as specified in the order – (a) to all chemical products, a specified chemical product or a specified class of chemical products; and (b) to all agricultural spraying or any specified method or methods of application; and (c) in specified climatic or seasonal conditions; and (d) in any other specified circumstance or on any other specified condition. (2) An order applies to the area specified in it to be the chemical control area, whether that area is the whole of Tasmania or a particular area. (3) An order may prohibit an activity except in accordance with an agricultural spraying permit granted and in force under this Act. (4) A person must comply with an order, unless the person acts in accordance with an agricultural spraying permit granted and in force under this Act. Penalty: In the case of – (a) a corporation, a fine not exceeding 400 penalty units; or (b) any other person, a fine not exceeding 200 penalty units. 29. Agricultural spraying permit An agricultural spraying permit may be applied for, granted or refused only in accordance with Schedule 5 . 30. Damage by spray drift (1) A person must not carry out or cause to be carried out agricultural spraying which adversely affects any person, plants, stock, agricultural produce, water bodies, groundwater or soil, on premises, or any premises, not owned or occupied by the person carrying out or causing to be carried out the agricultural spraying unless that person has obtained the permission of the owner or occupier of the premises. Penalty: Fine not exceeding 200 penalty units. (2) It is a defence to a prosecution under subsection (1) to prove that the adverse effect on any person, plants or stock resulted from matters which could not have reasonably been anticipated. (3) In this section, adversely affects, in relation to plants, stock, agricultural produce, water bodies, groundwater or soil on premises, or any premises, means creating a residue of an agricultural chemical product in excess of the prescribed level in or on the plants, stock, agricultural produce, water bodies, groundwater, soil or premises. 31. Notification to neighbours of agricultural spraying (1) A person who has for at least 12 months owned or occupied premises in the vicinity of premises on which agricultural spraying is carried out or likely to be carried out – (a) with a prescribed agricultural chemical product or class of agricultural chemical product; and (b) within a prescribed distance from the boundary of the premises owned or occupied by the person; and (c) in a prescribed manner – may apply to the Secretary for a direction to be given by the Secretary to the owner or occupier of the premises on which the agricultural spraying is carried out or likely to be carried out requiring that owner or occupier to give notice to the applicant whenever agricultural spraying is to be carried out and of the name of the agricultural chemical product or class of agricultural chemical product to be used. (2) A person who has for at least 12 months occupied as a tenant a dwelling on any premises on which agricultural spraying is carried out or likely to be carried out – (a) with a prescribed agricultural chemical product or class of agricultural chemical product; and (b) within a prescribed distance from the dwelling – may apply to the Secretary for a direction to be given by the Secretary to the owner or occupier of the premises requiring the owner or occupier to give notice to the tenant whenever agricultural spraying is to be carried out and the name of the agricultural chemical product or class of agricultural chemical product to be used. (3) If the Secretary is satisfied, on receipt of an application under subsection (1) or (2) , that conditions exist entitling a person to apply to the Secretary for a direction, the Secretary must, on payment of the prescribed fee, give a direction to the owner or occupier of the relevant premises. (4) The direction referred to in subsection (3) is to specify the time, determined by the Secretary, which must elapse between the giving of the notice and the carrying out of the agricultural spraying. (5) In determining the time which must elapse between the giving of the notice and the carrying out of the agricultural spraying, the Secretary must have regard to seasonal conditions, weather conditions, crop and pest development, availability of equipment and such other factors as the Secretary considers to be relevant. (6) A person to whom a direction under subsection (3) is given must comply with the direction. Penalty: Fine not exceeding 200 penalty units. (7) Where the Minister is satisfied that agricultural spraying is carried out or likely to be carried out on any premises or class of premises, the Minister may make an order requiring the owner or occupier of the premises or the owner or occupier of the class of premises to give notice to any person or class of person specified in the order. (8) Before making an order under subsection (7) , the Minister must consult with the Minister administering the Food Act 2003 and the Minister administering the Environmental Management and Pollution Control Act 1994 . (9) The Minister must make every reasonable effort to inform a person to whom the order applies of the order made by the Minister. (10) The Minister's power under subsection (7) may be exercised in specific circumstances, in specified classes of circumstances or generally. (11) A person must comply with an order made under subsection (7) . Penalty: Fine not exceeding 200 penalty units. 32. Requirements for pilots (1) A person must not pilot an aircraft to carry out aerial spraying unless the person – (a) holds a pilot (chemical rating) licence granted and in force under this Act; and (b) complies with all conditions (if any) of that licence. Penalty: Fine not exceeding 200 penalty units. (2) A person must not pilot an aircraft to carry out aerial spraying unless the person – (a) holds an agricultural aircraft operator licence granted and in force under this Act; and (b) complies with all conditions (if any) of that licence. Penalty: Fine not exceeding 200 penalty units. (3) A person who does not – (a) hold an agricultural aircraft operator licence; and (b) comply with all conditions of that licence – must not allow an employee or agent of that person to pilot an aircraft to carry out aerial spraying. Penalty: Fine not exceeding 200 penalty units. 33. Pilot (chemical rating) licence A pilot (chemical rating) licence may be applied for, granted or refused only in accordance with Schedule 5 . 34. Agricultural aircraft operator licence An agricultural aircraft operator licence may be applied for, granted or refused only in accordance with Schedule 5 . 35. Requirements for aircraft operators (1) The operator of an aircraft must not allow aerial spraying to be carried out from that aircraft unless the operator holds an approved insurance policy. Penalty: In the case of – (a) a corporation, a fine not exceeding 400 penalty units; or (b) any other person, a fine not exceeding 200 penalty units. (2) The operator of an aircraft must not allow aerial spraying to be carried out from that aircraft unless the operator holds an agricultural aircraft operator licence and complies with the conditions attached to that licence. Penalty: In the case of – (a) a corporation, a fine not exceeding 400 penalty units; or (b) any other person, a fine not exceeding 200 penalty units. (3) The operator of an aircraft must not allow aerial spraying to be carried out from that aircraft unless the pilot of the aircraft holds a pilot (chemical rating) licence. Penalty: In the case of – (a) a corporation, a fine not exceeding 400 penalty units; or (b) any other person, a fine not exceeding 200 penalty units. 36. Approved insurance policies (1) The Secretary may approve a policy of indemnity insurance or a class of policy of indemnity insurance for the purposes of this Act and may require an approved policy or class of policy to provide cover for a minimum insured amount. (2) The Secretary may – (a) grant approval subject to specified conditions; and (b) revoke an approval or vary its conditions. (3) The Secretary must cause notice to be published in the Gazette of – (a) the granting of an approval; and (b) any conditions to which it is subject; and (c) any revocation of an approval or variation of its conditions. 37. Provision of information (1) The Minister, by order, may – (a) require the occupier of premises or the occupiers of a class of premises to provide the prescribed information to any person who is employed or contracted to carry out agricultural spraying on those premises or class of premises – (i) of a prescribed agricultural chemical product or class of agricultural chemical product; or (ii) in a prescribed manner; and (b) require the person who is employed or contracted to carry out agricultural spraying on those premises or class of premises – (i) of a prescribed agricultural chemical product or class of agricultural chemical product; or (ii) in a prescribed manner – to provide the prescribed information to the occupier of those premises or class of premises; and (c) prohibit the person who is employed or contracted to carry out agricultural spraying on premises or a class of premises – (i) of a prescribed agricultural chemical product or class of agricultural chemical product; or (ii) in a prescribed manner – from starting the agricultural spraying without first having received the prescribed information; and (d) require the occupier of premises or the occupiers of a class of premises who intends or intend to have agricultural spraying carried out on those premises or class of premises – (i) of a prescribed agricultural chemical product or class of agricultural chemical product; or (ii) in a prescribed manner – to make every reasonable effort to inform the prescribed persons, or persons of the prescribed class, of the proposed time of agricultural spraying and any other prescribed information. (2) A person must comply with an order made under subsection (1) . Penalty: Fine not exceeding 200 penalty units. (3) Before making an order under subsection (1) , the Minister must consult with the Minister administering the Food Act 2003 and the Minister administering the Environmental Management and Pollution Control Act 1994 . 38. Defective spraying equipment (1) An inspector, by notice in writing – (a) given to the owner or operator of any equipment that is used or to be used for the purposes of agricultural spraying, may direct the owner or operator not to use the equipment until the designated repairs, modifications or adjustments specified in the notice have been made; and (b) given to the owner of the equipment, may direct the owner to make the designated repairs, modifications or adjustments specified in the notice before the date specified in the notice. (2) For the purposes of subsection (1) , designated repairs, modifications or adjustments, in relation to equipment, are such repairs, modifications or adjustments as are necessary to be made to the equipment to enable it to comply with the prescribed standard or, if no standard is prescribed, to enable the equipment to meet such standard the inspector considers necessary. (3) A person to whom a notice is given under subsection (1) must comply with the notice. Penalty: Fine not exceeding 200 penalty units. 39. Regulations with respect to spraying equipment The Governor may make regulations for or with respect to regulating equipment used or to be used for the purpose of agricultural spraying including but not limited to regulations prescribing – (a) specifications for the equipment; and (b) testing of the equipment; and (c) maintenance of the equipment. PART 5 - Controls Over Contaminated Land, Stock and Agricultural Produce 40. Contaminated stock order (1) The Minister, by order, may regulate the identification, inspection, testing, treatment, movement, sale, disposal or handling of contaminated stock. (2) A person to whom an order applies must comply with the order. Penalty: Fine not exceeding 100 penalty units. 41. Contaminated stock notice (1) An inspector, by notice in writing, may regulate the identification, inspection, testing, treatment, movement, sale, disposal, management or handling of any stock on any premises or in any vehicle or vessel if the inspector believes on reasonable grounds that stock on those premises or in that vehicle or vessel is contaminated. (2) Without limiting subsection (1) , the notice may – (a) prohibit or restrict the movement or sale of the stock except – (i) in accordance with the notice; or (ii) with the approval of an inspector; and (b) impose requirements relating to the treatment of the stock. (3) The inspector may give the notice to – (a) the owner or occupier of the premises on which the stock is kept; or (b) the person in possession of the stock; or (c) the owner of the stock; or (d) the driver of any vehicle or person in charge of any vessel in which the stock is being transported; or (e) if the stock is in transit, the person into whose possession the stock is to be delivered; or (f) one or more of the persons specified in paragraphs (a) to (e) . (4) A person who is given a notice under subsection (3) must comply with the notice. Penalty: Fine not exceeding 100 penalty units. 42. Contaminated produce notice (1) An inspector, by notice in writing, may regulate the use or disposal of, or other dealing with, any agricultural produce, preparation or fitting if the inspector believes on reasonable grounds that the agricultural produce, preparation or fitting is contaminated. (2) Without limiting subsection (1) , the notice may – (a) prohibit the use or disposal of, or other dealing with, the agricultural produce, preparation or fitting except – (i) in accordance with the notice; or (ii) with the approval of an inspector; or (b) require that the agricultural produce, preparation or fitting be inspected, tested or treated as specified in the notice; or (c) require that the agricultural produce, preparation or fitting be labelled, marked or otherwise identified – (i) in the manner specified in the notice; and (ii) before the date, if any, specified in the notice. (3) The inspector may give the notice to – (a) the owner or occupier of the premises on which the stock or plants from which agricultural produce is produced is kept or are grown or on which the preparation or fitting is located; or (b) the owner of the agricultural produce, preparation or fitting; or (c) the person in possession of the agricultural produce, preparation or fitting; or (d) the driver of any vehicle or person in charge of any vessel in which the agricultural produce, preparation or fitting is being transported; or (e) if the agricultural produce, preparation or fitting is in transit, the person into whose possession it is to be delivered; or (f) one or more of the persons specified in paragraphs (a) to (e) . (4) A person who receives a notice under subsection (3) must comply with the notice. Penalty: Fine not exceeding 100 penalty units. 43. Premises use restriction notice (1) The Secretary, by notice in writing, may regulate the use of any premises for the growing of plants or the keeping of stock if the Secretary believes on reasonable grounds, after considering a report by an inspector, that the growing of plants or the keeping of stock on those premises would be likely to result in the production of contaminated agricultural produce or contaminated stock. (2) Without limiting subsection (1) , the notice may – (a) prohibit or restrict the growing on the premises of specified plants, or plants of a specified class – (i) before the date, if any, specified in the notice; or (ii) except in accordance with the conditions of the notice; or (iii) except with the approval of an inspector; or (b) prohibit or restrict the keeping on the premises of specified stock, or stock of a specified class – (i) before the date, if any, specified in the notice; or (ii) except in accordance with the conditions of the notice; or (iii) except with the approval of an inspector; or (c) impose requirements relating to – (i) the identification, testing or treatment of agricultural produce or stock; or (ii) the fencing of land or enclosing of other premises; or (iii) notification to be given of the planting of crops on the premises or the restocking of the premises. (3) The inspector may give the notice to the owner or the occupier of the premises or to both. (4) A person who receives a notice under subsection (3) must comply with the notice. Penalty: Fine not exceeding 200 penalty units. 44. Information about premises use restriction notices (1) Subject to subsection (2) , the Secretary must provide details of any current premises use restriction notice issued in respect of any premises to any person who applies in a form approved by the Secretary for information about the premises and who pays the relevant prescribed fee. (2) The Secretary must not provide details under subsection (1) unless the owner of the premises has given consent in writing. (3) If the Minister considers it is in the public interest to do so, the Secretary may provide information about a premises restriction notice to a department of the Commonwealth or an authority established under an Act of the Commonwealth or to any person whom the Minister considers appropriate. 45. Destruction notice (1) The Secretary, by notice in writing, may require the destruction of any agricultural produce, or any plants, preparation or fitting, if the Secretary, on the advice of an inspector, is satisfied that – (a) the agricultural produce is contaminated; or (b) agricultural produce to be derived from the plants is likely to be contaminated; or (c) animals consuming the agricultural produce or preparation are likely to be contaminated; or (d) the sale or use of the preparation is prohibited; or (e) use of the preparation in the normal manner is likely to result in contamination of stock or agricultural produce; or (f) animals exposed to or in contact with the fitting are likely to be contaminated. (2) The Secretary, by notice in writing, may require the destruction of any stock if the Secretary, on the advice of the Chief Veterinary Officer, is satisfied that – (a) the stock is contaminated; or (b) agricultural produce to be derived from the stock is likely to be contaminated. (3) Without limiting subsection (1) or (2) , the notice may require that the agricultural produce or plants, preparation, fitting or stock be destroyed in the manner, under the conditions, and within the time, specified in the notice. (4) The Secretary must give the notice to the person in possession of the agricultural produce or plants, preparation, fitting or stock. (5) A person in possession of any agricultural produce or plants, preparation, fitting or stock who is given a notice must comply with the notice. Penalty: Fine not exceeding 100 penalty units. (6) If the person does not comply with the notice within the time specified in it, the Secretary may destroy the agricultural produce or plants, preparation, fitting or stock. (7) The Secretary may recover from the owner of the agricultural produce or plants, preparation, fitting or stock the reasonable costs incurred in acting under subsection (6) . 46. Restriction on sale of treated stock or produce (1) Except as otherwise authorised by the NRA or by the Registrar, a person must not supply or forward for processing, within the relevant withholding period stated on the label of a chemical product, any stock to which the product has been applied unless the person has notified the purchaser that the period has not expired. Penalty: Fine not exceeding 20 penalty units. (2) Except as otherwise authorised by the NRA or by the Registrar or as provided in subsection (3) , if any chemical product has been applied to agricultural produce or to plants or animals from which agricultural produce has been derived, a person must not supply, or forward for processing, that agricultural produce within the withholding period stated on the label of the chemical product. Penalty: Fine not exceeding 20 penalty units. (3) A person may supply or forward for processing agricultural produce within the withholding period referred to in subsection (2) if the person notifies the purchaser that the withholding period has not expired. PART 5A - Infringement notices 46A. Service of infringement notice The Registrar or an inspector may serve an infringement notice on a person, other than a person who has not attained the age of 16 years, if the Registrar or inspector is of the opinion that the person has committed a prescribed offence. 46B. Form of infringement notice An infringement notice – (a) is not to relate to more than 3 offences; and (b) is to be in accordance with section 14 of the Monetary Penalties Enforcement Act 2005 . 46C. . . . . . . . . 46D. . . . . . . . . 46E. . . . . . . . . 46F. . . . . . . . . 46G. . . . . . . . . 46H. . . . . . . . . 46I. Payment to Public Account Any payments made in respect of an infringement notice are payable into the Public Account. 46J. . . . . . . . . PART 6 - Miscellaneous 47. Inspectors (1) The Secretary, by instrument in writing, may appoint persons employed in the Department to be inspectors for the purposes of this Act. (2) The Secretary, by instrument in writing and with the consent of another Head of a State Service Agency, may appoint State Service officers and State Service employees employed in that Agency to be inspectors for the purposes of this Act. (3) A person appointed as an inspector under subsection (1) or (2) holds that office in conjunction with State Service employment. (4) The Secretary, by instrument in writing, may authorise any person, other than a State Service officer or State Service employee, to perform such of the functions, and exercise such of the powers, of an inspector as are specified in the notice. (5) The Secretary, by instrument in writing, may authorise a class of person employed in the Department to perform such of the functions, and exercise such of the powers, of an inspector as are specified in the notice for such period as is specified in the notice. 48. Powers of inspectors (1) An inspector may – (a) subject to subsection (6) , enter at any reasonable time any premises on or at which the inspector reasonably suspects that – (i) any chemical product is prepared for use, sold, kept or stored; or (ii) any chemical product has been, is being or will be used; or (iii) there is any equipment that is used or intended to be used in connection with the use of a chemical product; or (iv) there is an aircraft that is used or intended to be used for aerial spraying; or (v) agricultural spraying has been or is being carried on; or (vi) there is or are any contaminated stock, any contaminated agricultural produce or any plants from which contaminated produce is likely to be derived; or (vii) there is any contaminated preparation or fitting; or (viii) there is or are any stock or plants which has or have been adversely affected by any agricultural chemical product; and (b) subject to subsection (6) , enter at any reasonable time any premises occupied by a person who holds a licence or permit under this Act, or who the inspector reasonably suspects is required to hold a licence or permit under this Act; and (c) subject to subsection (6) , enter at any reasonable time any premises if the inspector reasonably suspects that entry may assist in ascertaining possible sources of agricultural spraying or the cause of any stock, agricultural produce, preparation or fitting being contaminated; and (d) stop, detain and search any vehicle or vessel which is used, or which the inspector reasonably suspects is used, to transport – (i) chemical products; or (ii) contaminated stock, contaminated agricultural produce, contaminated preparation or contaminated fitting; or (iii) stock or plants from which contaminated agricultural produce is likely to be derived; and (e) search any aircraft which is used, or which the inspector reasonably suspects is used, for aerial spraying; and (f) search for, inspect and examine any substance, material, plant, animal or equipment if it is reasonably necessary to do so for the purpose of ascertaining whether this Act is being complied with; and (g) require a person to produce any document that the inspector reasonably requires for ascertaining whether this Act is being complied with and may – (i) examine that document; and (ii) make copies of it or take extracts from it; and (iii) remove the document for as long as is reasonably necessary to make copies or take extracts; and (h) take photographs and video or other electronic recordings of any premises, the contents of any premises or the activities being undertaken on any premises; and (i) open any container, including a shipping container, or receptacle which the inspector reasonably suspects contains a chemical product; and (j) take and remove for analysis or examination – (i) samples of any substance that the inspector reasonably suspects is a chemical product; and (ii) samples of any agricultural produce, preparation or fitting, or specimens from any stock, that the inspector reasonably suspects is contaminated; and (iii) samples of soil, water or plants from any premises that the inspector reasonably suspects is the cause of stock or agricultural produce being contaminated; and (k) seize and kill, or require to be killed, any animal if samples or specimens cannot reasonably be otherwise obtained; and (l) tag or mark for the purposes of identification, isolate, assemble, muster, inspect, examine, count, treat, decontaminate, or control the movement of, any stock; and (m) require any person carrying on application of an agricultural chemical product to cease or to change the method or timing of the application if the inspector reasonably suspects the application of the agricultural chemical product will result in – (i) a contravention of this Act; or (ii) levels in drinking water exceeding those set out in guidelines for potable water issued by the National Health and Medical Research Council or Food Standards Australia New Zealand or any other prescribed authority; or (iii) contravention of a code of practice approved by the Council; and (n) conduct or cause to be conducted any analysis or examination of a sample or specimen to determine its composition; and (o) give to any person such directions as the inspector considers necessary or convenient for the purposes of enabling the inspector to perform or exercise his or her functions or powers; and (p) remove any label or advice note, or any document purporting to be a label or an advice note; and (q) prohibit or restrict the movement of stock or agricultural produce; and (r) require an owner to provide adequate facilities and assistance to allow the safe and efficient handling of animals during inspection and during the taking of specimens; and (s) require the owner or occupier of premises entered by the inspector to provide the inspector with all reasonable assistance necessary to enable the inspector to perform his or her functions. (2) An inspector must not exercise any of the inspector's powers in relation to an animal or to stock unless – (a) the inspector is an authorised officer under the Biosecurity Act 2019 ; or (b) the Chief Veterinary Officer has authorised, in writing, the inspector to exercise those powers. (3) An inspector may, in performing any function under this Act, take on the premises any vehicle, vessel, equipment or assistants. (4) A person must not – (a) fail or refuse to comply with a reasonable request of, or a reasonable direction given by, an inspector in the performance of the inspector's functions under this Act; or (b) hinder, assault, obstruct, threaten, intimidate or attempt to bribe an inspector or a person assisting an inspector under subsection (3) . Penalty: Fine not exceeding 50 penalty units. (5) An inspector who takes a sample or specimen under subsection (1) (j) must, if requested to do so by the owner or the person in possession of the substance, agricultural produce, preparation, fitting, soil, water, plant or animal, or the owner or occupier of the premises, give that person a portion of the sample or specimen. (6) Nothing in this section authorises an inspector to exercise any of the powers under subsection (1) (a) , (b) or (c) in residential premises except – (a) with the per