{"id":"agricultural-and-veterinary-chemicals-control-of-use-act-2004","name":"Agricultural and Veterinary Chemicals (Control of Use) Act 2004","slug":"agricultural-and-veterinary-chemicals-control-of-use-act-2004","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29844,"registerId":"nt-agricultural-and-veterinary-chemicals-control-of-use-act-2004-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"27","sectionType":"section","heading":"Use, prescription, recommendation or supply of registered","content":"27 Use, prescription, recommendation or supply of registered\nveterinary chemical products by veterinarian contrary to label ...... 20\n","sortOrder":0},{"sectionNumber":"28","sectionType":"section","heading":"Use, prescription, recommendation or supply of registered","content":"28 Use, prescription, recommendation or supply of registered\nveterinary chemical products by veterinarian to treat food-\nproducing species if use prohibited by label restraint .................... 20\n29 Use, prescription, recommendation or supply of unregistered\nveterinary chemical products by veterinarian................................. 21\n30 Use, prescription, recommendation or supply of human\npharmaceuticals by veterinarian .................................................... 22\n31 Use, prescription, recommendation or supply of agricultural\nchemical products by veterinarian ................................................. 22\n32 Application of and prescribed information for sections 33\nand 34 ........................................................................................... 23\n33 Veterinarian must provide information about veterinary\nchemical products.......................................................................... 24\n34 Pharmacist must provide information about veterinary\nchemical products.......................................................................... 25\n35 Veterinarian etc. must provide information about withholding\nperiods ........................................................................................... 26\n36 Stockfood seller must provide certain information ......................... 26\n37 Observing withholding period before slaughter etc. ....................... 27\n38 Sale or purchase of animal before withholding period expires....... 28\n39 Identifying treated food-producing animals if carer does not\nown animals................................................................................... 29\n40 Veterinarian liable for residues above maximum ........................... 30\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 iii\n41 Veterinarian must keep records about using, prescribing,\nrecommending and supplying veterinary products ........................ 30\n42 Use of injectable anabolic steroids by persons who are not\nveterinarians .................................................................................. 31\n43 Prescription or supply of injectable anabolic steroids by\nveterinarians .................................................................................. 31\n44 Veterinarian to keep anabolic steroids locked away ...................... 32\n45 Veterinarian to dispose of injectable anabolic steroids properly .... 32\n46 Veterinarian to report loss of injectable anabolic steroids .............. 32\n47 Veterinarian to keep records relating to injectable anabolic\nsteroids .......................................................................................... 33\n48 Possession or use of restricted chemical products ........................ 34\n49 Possession or use of S7 chemical products .................................. 35\n50 Possession or use of unregistered chemical products................... 35\n51 Claims about registered chemical products ................................... 37\n52 Claims about unregistered chemical products ............................... 37\n53 Prohibition and regulation of manufacture, possession, sale or\nuse ................................................................................................. 39\n54 Direction to recall product .............................................................. 40\n55 Direction to deal with prohibited or contaminated chemical\nproduct, fertiliser, stockfood or agricultural produce ...................... 41\n56 Damage by spray drift ................................................................... 42\n57 Ground spraying businesses must be licensed ............................. 43\n58 Ground spray applicators must be licensed ................................... 43\n59 Aerial spraying businesses must be licensed ................................ 44\n60 Pilots carrying out aerial spraying must be licensed ...................... 44\n61 Spraying operations under other legislation are exempt................ 44\n62 Definition........................................................................................ 44\n63 Grant or refusal of licence.............................................................. 45\n64 Term of licence .............................................................................. 46\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 iv\n65 Renewal of licence ........................................................................ 46\n66 Variation of conditions of licence ................................................... 47\n67 Fee to be returned if application refused ....................................... 48\n68 Surrender of licence ...................................................................... 48\n69 Cancellation or suspension of licence ........................................... 48\n70 Medical examination may be required ........................................... 49\n70A Licence not transferable ................................................................ 49\n71 False claims about being licensed ................................................. 50\n72 Record of spraying activities to be kept ......................................... 50\n73 Defective machine, equipment or aircraft not to be used for\nspraying ......................................................................................... 50\n74 Declaration of chemical control area ............................................. 51\n75 Publication of proposal .................................................................. 51\n76 Contravention of declaration .......................................................... 52\n77 Notation of declaration under Land Title Act 2000 ......................... 53\n78 Identifying contaminated agricultural produce ............................... 53\n79 Direction in relation to agricultural pursuits on contaminated\nland ................................................................................................ 54\n80 Preparation and approval of remedial plan .................................... 54\n81 Amendment and revocation of remedial plan ................................ 55\n82 Notation of remedial plan on land titles register ............................. 55\n83 Declaration of emergency .............................................................. 55\n84 Authorisation of counter-measures ................................................ 56\n85 Appointment of Chemicals Coordinator ......................................... 56\n86 Functions and powers of Chemicals Coordinator .......................... 56\n87 Directions by Chemicals Coordinator ............................................ 57\n88 Approved forms ............................................................................. 57\n89 Delegation ..................................................................................... 58\n90 Appointment of chemical advisers ................................................. 58\n91 Assistants ...................................................................................... 58\n92 Identity cards ................................................................................. 58\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 v\n93 Interpretation ................................................................................. 59\n94 Entry of premises........................................................................... 59\n95 Inspection of premises ................................................................... 60\n96 Seizure of substances and things .................................................. 62\n97 Retention of substances and things seized ................................... 63\n98 Powers in relation to food-producing species ................................ 64\n99 Investigation of complaints ............................................................ 64\n100 Power to require name and address.............................................. 64\n101 Obstruction etc. of chemical advisers ............................................ 65\n102 False or misleading statements ..................................................... 65\n103 Establishment ................................................................................ 66\n104 Membership ................................................................................... 66\n105 Invitation to public to make submissions ....................................... 66\n106 Procedure ...................................................................................... 67\n107 Reports to be tabled in Legislative Assembly ................................ 67\n108 Protection from liability .................................................................. 67\n109 Evidentiary certificates ................................................................... 67\nPart 10 Criminal liability and proceedings\ngenerally\n110 Conduct of directors, employees and agents................................. 68\n111 Criminal liability of executive officer of body corporate .................. 68\n112 Limitation on making complaint ..................................................... 70\n113 Notice of defence to be served on prosecutor ............................... 70\n114 Additional court orders ................................................................... 70\n115 Reviewable decisions and affected persons .................................. 71\n116 Notice of reviewable decisions ...................................................... 71\n117 Application for review .................................................................... 71\n118 Decision on review ........................................................................ 71\n119 Operation and implementation of reviewable decision .................. 72\n120 Form of records ............................................................................. 72\n121 Altering or falsifying records .......................................................... 73\n122 Confidentiality ................................................................................ 73\n123 Compensation may be payable in certain circumstances .............. 74\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 vi\n124 Acquisition on just terms ................................................................ 75\n125 No liability for damage caused by compliance with Act ................. 75\n126 Determined fees ............................................................................ 76\n127 Eligible laws ................................................................................... 76\n128 Codes of practice for use of chemical products ............................. 76\n129 Regulations.................................................................................... 77\n130 Definitions ...................................................................................... 79\n131 S7 authorizations ........................................................................... 79\n132 Pest control operator's licences ..................................................... 79\nPart 14 Transitional matters for Statute Law\nAmendment (Directors' Liability) Act 2015\n133 Offences – before and after commencement................................. 80\n\n____________________\nAs in force at 3 March 2023\n____________________\nAGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE)\nACT 2004\nAn Act to control the use of agricultural and veterinary chemicals and\nthe manufacture, sale and use of fertilisers and stockfoods, to manage\nland and agricultural produce contaminated by chemicals, and for\nrelated purposes\n","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Agricultural and Veterinary Chemicals\n(Control of Use) Act 2004.\n","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThe provisions of this Act come into operation on the date, or\nrespective dates, fixed by the Administrator by notice in the\nGazette.\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Purposes","content":"3 Purposes\n(1) The purposes of this Act are:\n(a) to impose controls relating to the possession, sale, use and\napplication of chemical products, and the manufacture, sale\nand use of fertilisers and stockfoods, that ensure sustainable\nagriculture by protecting:\n(i) the health of the general public and the users of those\nsubstances;\n(ii) the environment;\n(iii) the health and welfare of animals; and\n(iv) domestic and export trade in agricultural produce; and\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 2\n(b) to promote the harmonisation of legislation in Australia\ncontrolling the use of chemical products by regulating the\npossession and use of those products in accordance with\nlabels and permits under the Agvet Code.\n(2) The controls referred to in subsection (1)(a) include the following:\n(a) the prohibition and regulation of the possession and use of\nchemical products, including the prescription and supply of\nchemical products by veterinarians and pharmacists;\n(b) the regulation of ground and aerial spraying and the use of S7\nchemical products;\n(c) the declaration of chemical control areas and agricultural\nemergencies;\n(d) the management of land and agricultural produce\ncontaminated by chemicals.\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"4 Interpretation\n(1) In this Act:\nactive constituent has the same meaning as in section 3 of the\nAgvet Code.\nAdvisory Committee means an Advisory Committee established\nunder section 103.\naerial spraying means the spraying, spreading or dispersing of an\nagricultural chemical product from an aircraft in flight.\naerial spraying business licence means an aerial spraying\nbusiness licence under Part 5, Division 2.\naerial spraying business licensee means a person who holds an\naerial spraying business licence under Part 5, Division 2.\naffected person, for a reviewable decision, has the meaning in\nsection 115(2).\nagricultural chemical product has the meaning in section 5.\nagricultural chemical spraying means the spraying, spreading or\ndispersing of an agricultural chemical product from a machine or\nother piece of equipment or from an aircraft.\nagricultural industry includes the aquacultural industry.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 3\nagricultural produce means:\n(a) a plant or part of a plant;\n(b) an animal or part of an animal; or\n(c) the produce of a plant or animal,\nwhether processed or not, that is intended or normally used for\nhuman or animal consumption.\nagriculture includes aquaculture.\nAgvet Code means the Agvet Code of the Northern Territory.\nAgvet Regulations means the Agvet Regulations of the Northern\nair includes any layer of the atmosphere.\naircraft means a fixed-wing aircraft or helicopter but does not\ninclude an ultra-light aircraft.\nanimal has the same meaning as in section 3 of the Agvet Code.\napproved form means a form approved by the Chemicals\nCoordinator under section 88.\napproved label, for a chemical product, means a label approved\nunder Part 2 of the Agvet Code for containers of the product.\naquatic life has the meaning in section 10.\nchemical adviser means a chemical adviser appointed under\nsection 90 and includes the Chemicals Coordinator.\nchemical control area means an area for which a declaration\nunder Part 6 is in force.\nchemical product means an agricultural chemical product or\nveterinary chemical product.\nChemicals Coordinator means the Chemicals Coordinator\nappointed under section 85.\ncode of practice means a code of practice approved under\nsection 128.\ncompounded product means a product that is compounded by a\nveterinarian or by a pharmacist on the prescription of a veterinarian.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 4\ncontainer, of a substance, includes anything by which or in which\nthe substance is covered, enclosed, contained or packaged but\ndoes not include a container in which other containers of the\nsubstance are placed for transport.\ncontaminated land means land contaminated by chemicals.\ncontravene includes fail to comply with.\ndecision maker, for a reviewable decision, means the person who\nmade the decision.\ndetermined fee means a fee determined under section 126.\nenvironment means land, air, water, organisms and ecosystems\nand includes:\n(a) the well-being of humans;\n(b) structures made or modified by humans;\n(c) the amenity values of an area; and\n(d) economic, cultural and social conditions.\nexpiry date, of a chemical product, means the date after which the\nproduct must not be used, whether the product has been used\nbefore that date or not.\nfertiliser has the meaning in section 7.\nfood-producing species has the same meaning as in section 3 of\nthe Agvet Code.\nground spray applicator's licence means a ground spray\napplicator's licence under Part 5, Division 2.\nground spraying means the spraying, spreading or dispersing of\nan agricultural chemical product from a machine or other piece of\nequipment other than from an aircraft (including an ultra-light\naircraft) in flight.\nground spraying business licence means a ground spraying\nbusiness licence under Part 5, Division 2.\nground spraying business licensee means a person who holds a\nground spraying business licence under Part 5, Division 2.\ngrower, of agricultural produce, includes the owner of the land on\nwhich the produce is growing.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 5\ninjectable anabolic steroid means a veterinary chemical product\nthat is an anabolic steroid capable of being administered by\ninjection.\nlabel, on a container, includes a tag, leaflet, brand, stamp, mark,\nstencil or written statement attached to or marked on the container.\nland includes water and air on, above or under land.\nmajor food-producing species has the meaning in section 9.\nmaximum residue limit, for the residue of a substance in\nagricultural produce, means the concentration prescribed by the\nRegulations as the maximum residue limit of the substance for the\nproduce.\npermit means a permit under Part 7 of the Agvet Code.\npest has the same meaning as in section 3 of the Agvet Code.\npharmacist means a person who:\n(a) is registered under the Health Practitioner Regulation National\nLaw to practise in the pharmacy profession (other than as a\nstudent); and\n(b) is engaged in the practice of the profession.\npilot (chemical rating) licence means a pilot (chemical rating)\nlicence under Part 5, Division 2.\nplant has the same meaning as in section 3 of the Agvet Code.\npossession includes custody and control.\nregistered means registered under Part 2 of the Agvet Code.\nregistered agricultural chemical product means an agricultural\nchemical product that is registered under Part 2 of the Agvet Code.\nregistered chemical product means a chemical product\nregistered under Part 2 of the Agvet Code.\nregistered veterinary chemical product means a veterinary\nchemical product that is registered under Part 2 of the Agvet Code.\nRegulations mean the Regulations made under this Act.\nremedial plan means a remedial plan approved under section 80\nand includes a remedial plan as amended under section 81.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 6\nrestricted chemical product means a chemical product declared\nby regulation 45 of the Agvet Regulations to be a restricted\nchemical product.\nreviewable decision has the meaning in section 115(1).\nS7 chemical product means a chemical product that is, or an\nactive constituent of which is, specified in Schedule 7 in Part 4 of\nthe latest edition of the document entitled \"Standard for the Uniform\nScheduling of Drugs and Poisons\" published by the\nCommonwealth.\nsell means to dispose of for valuable consideration and includes:\n(a) to barter;\n(b) to dispose of to an agent for sale on consignment;\n(c) to offer for sale;\n(d) to receive, or have possession of, for sale;\n(e) to expose for sale;\n(f) to send or deliver for sale; and\n(g) to cause or permit to be sold, offered or exposed for sale.\nstockfood has the meaning in section 8.\nsubstance has the same meaning as in section 3 of the Agvet\nCode.\ntarget area, for agricultural chemical spraying, means the area\nwithin which pests are intended to be controlled by the spraying.\nthis Act includes the Regulations and codes of practice.\nveterinarian means a person who is a registered veterinarian\nunder the Veterinarians Act 1994 and is engaged in the practice of\nthat profession.\nveterinary chemical product has the meaning in section 6.\nwater includes:\n(a) surface water, ground water and tidal waters;\n(b) coastal waters of the Territory within the meaning of the\nCoastal Waters (Northern Territory Powers) Act 1980 of the\nCommonwealth; and\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 7\n(c) water containing an impurity.\nwholesale distributor, of a chemical product, fertiliser or\nstockfood, means a person who places on the market for sale by\nwholesale the chemical product, fertiliser or stockfood and includes\nan agent of a wholesale distributor but does not include the\nmanufacturer of the chemical product, fertiliser or stockfood.\nwithholding period, for a chemical product, means the minimum\nperiod that needs to elapse:\n(a) between:\n(i) the last use of the product on a crop, pasture or animal;\nand\n(ii) the harvesting or cutting of, or the grazing of animals on,\nthe crop or pasture, the shearing or slaughtering of the\nanimal, or the collection of milk or eggs from the animal\nfor human consumption, as the case may be; or\n(b) between the last use of the product on a crop or pasture after\nit has been harvested and the consumption of the crop or\npasture by humans or animals,\nas the case requires, to ensure the product's residues fall below the\nmaximum residue limit.\n(2) A reference in this Act to agricultural produce growing on land\nincludes a reference to produce that has been grown on land in the\npast and produce that may be grown on land in the future.\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Agricultural chemical products","content":"5 Agricultural chemical products\n(1) An agricultural chemical product is a substance or mixture of\nsubstances that is represented, imported, manufactured, supplied\nor used as a means of directly or indirectly:\n(a) destroying, stupefying, repelling, inhibiting the feeding of, or\npreventing infestation by or attacks of, any pest of any plant,\nplace or thing;\n(b) destroying a plant;\n(c) modifying the physiology of a plant or pest so as to alter its\nnatural development, productivity, quality or reproductive\ncapacity;\n(d) modifying the effect of another agricultural chemical product;\nor\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 8\n(e) attracting a pest to destroy it.\n(2) An agricultural chemical product includes:\n(a) a substance or mixture of substances declared by the Agvet\nRegulations to be an agricultural chemical product; and\n(b) a substance or mixture of substances declared under\nsubsection (4) to be an agricultural chemical product.\n(3) An agricultural chemical product does not include:\n(a) a veterinary chemical product;\n(b) a substance or mixture of substances declared by the Agvet\nRegulations not to be an agricultural chemical product; or\n(c) a substance or mixture of substances declared under\nsubsection (5) not to be an agricultural chemical product.\n(4) The Minister may, by notice in the Gazette, declare:\n(a) a substance or mixture of substances to be an agricultural\n(b) a class of substances or class of mixtures of substances to be\nagricultural chemical products.\n(5) The Minister may, by notice in the Gazette, declare:\n(a) a substance or mixture of substances not to be an agricultural\n(b) a class of substances or class of mixtures of substances not to\nbe agricultural chemical products.\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Veterinary chemical products","content":"6 Veterinary chemical products\n(1) A veterinary chemical product is a substance or mixture of\nsubstances that is represented as being suitable for, or is\nmanufactured, supplied or used for, administration or application to\nan animal by any means, or consumption by an animal, as a way of\ndirectly or indirectly:\n(a) preventing, diagnosing, curing or alleviating a disease or\ncondition in the animal or an infestation of the animal by a\npest;\n(b) curing or alleviating an injury suffered by the animal;\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 9\n(c) modifying the physiology of the animal so as to:\n(i) alter its natural development, productivity, quality or\nreproductive capacity; or\n(ii) make it more manageable; or\n(d) modifying the effect of another veterinary chemical product.\n(2) A veterinary chemical product includes:\n(a) a vitamin, mineral substance or additive if the vitamin, mineral\nsubstance or additive is used for a purpose mentioned in\nsubsection (1)(a), (b), (c) or (d);\n(b) a substance or mixture of substances prepared by:\n(i) a veterinarian; or\n(ii) a pharmacist in accordance with the instructions of a\nveterinarian;\n(c) a substance or mixture of substances declared by the Agvet\nRegulations to be a veterinary chemical product; and\n(d) a substance or mixture of substances declared under\nsubsection (4) to be a veterinary chemical product.\n(3) A veterinary chemical product does not include:\n(a) a substance or mixture of substances declared by the Agvet\nRegulations not to be a veterinary chemical product; or\n(b) a substance or mixture of substances declared under\nsubsection (5) not to be a veterinary chemical product.\n(4) The Minister may, by notice in the Gazette, declare:\n(a) a substance or mixture of substances to be a veterinary\n(b) a class of substances or class of mixtures of substances to be\nveterinary chemical products.\n(5) The Minister may, by notice in the Gazette, declare:\n(a) a substance or mixture of substances not to be a veterinary\n(b) a class of substances or class of mixtures of substances not to\nbe veterinary chemical products.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 10\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Fertilisers","content":"7 Fertilisers\n(1) A fertiliser is a substance that is manufactured, represented,\nsupplied or used as a means of directly or indirectly:\n(a) fertilising the soil;\n(b) supplying nutrients to plants; or\n(c) conditioning the soil by altering the chemical, physical or\nbiological composition of the soil.\n(2) A fertiliser includes a substance declared by the Regulations to be\na fertiliser.\n(3) A fertiliser does not include a substance declared by the\nRegulations not to be a fertiliser.\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Stockfood","content":"8 Stockfood\n(1) A stockfood is a basic food or food mixture that:\n(a) contains one or more nutritional ingredients; and\n(b) is intended to be fed to animals for the maintenance of life,\nnormal growth, production, work, reproduction or performance.\n(2) A stockfood includes the following:\n(a) a lick, other than a medicated lick;\n(b) a premix, including a medicated premix;\n(c) a medicated stockfood;\n(d) a stockfood supplement.\n(3) A stockfood does not include a veterinary chemical product.\n(4) In subsection (1):\nnutritional ingredient has the same meaning as in the Agvet\nRegulations.\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Major food-producing species","content":"9 Major food-producing species\n(1) A major food-producing species is cattle, pig, poultry, sheep, bee or\naquatic life (other than ornamental aquatic life).\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 11\n(2) A major food-producing species includes a food-producing species\ndeclared under subsection (3) to be a major food-producing\nspecies.\n(3) The Minister may, by notice in the Gazette, declare a food-\nproducing species to be a major food-producing species for this\nAct.\n","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Aquatic life","content":"10 Aquatic life\n(1) A species of animal is aquatic life during all stages of its life history\nif it inhabits water during one or more of those stages.\n(2) Aquatic life includes a species of plant declared under\nsubsection (4) to be aquatic life.\n(3) Aquatic life does not include:\n(a) a species of bird; or\n(b) a species of animal declared under subsection (5) not to be\naquatic life.\n(4) The Minister may, by notice in the Gazette, declare a species of\nplant to be aquatic life.\n(5) The Minister may, by notice in the Gazette, declare a species of\nanimal not to be aquatic life.\n","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Act binds Crown","content":"11 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Waste Management and Pollution Control Act 1998 not","content":"12 Waste Management and Pollution Control Act 1998 not\naffected\nThis Act does not affect the operation of the Waste Management\nand Pollution Control Act 1998.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 12\n","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Duty to ensure harm does not result from use of chemical","content":"13 Duty to ensure harm does not result from use of chemical\nproducts, fertilisers or stockfoods\nA person who uses a chemical product, fertiliser or stockfood must\ntake all measures that are reasonable and practicable to ensure the\nuse does not result in harm to:\n(a) the health of the general public;\n(b) the health of an animal;\n(c) the environment; or\n(d) domestic or export trade in agricultural produce.\n500 penalty units\n2 500 penalty units.\n","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Duty to ensure fertilisers and stockfoods manufactured in","content":"14 Duty to ensure fertilisers and stockfoods manufactured in\nTerritory or imported from elsewhere are safe\n(1) This section applies to a person who:\n(a) manufactures fertiliser or stockfood in the Territory; or\n(b) imports fertiliser or stockfood into the Territory for sale by\nwholesale.\n(2) The person must take all measures that are reasonable and\npracticable to ensure that the fertiliser or stockfood does not contain\na substance at a concentration greater than the concentration\nprescribed by the Regulations for the fertiliser or stockfood.\n2 500 penalty units.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 13\n","sortOrder":15},{"sectionNumber":"Div 1","sectionType":"division","heading":"Preliminary","content":"Division 1 Preliminary\n","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"When will the use of a chemical product be prohibited by or","content":"15 When will the use of a chemical product be prohibited by or\ncontrary to the instructions on a label?\nFor this Part:\n(a) the instructions on a label prohibit use of a chemical product in\na particular way if the instructions specify that the product\nmust not be used in that way; and\n(b) a chemical product is used in a way that is contrary to the\ninstructions on a label if the particular way in which the\nproduct is used is not specified by the instructions but is not\nprohibited by the instructions.\n","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Use by veterinarian includes use by veterinarian's employees","content":"16 Use by veterinarian includes use by veterinarian's employees\nFor Division 4, use of a veterinary chemical product by a\nveterinarian includes use of the product by an employee of the\nveterinarian at the veterinarian's direction or under the\nveterinarian's supervision.\n","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Registered chemical products to be kept in suitable containers","content":"17 Registered chemical products to be kept in suitable containers\nlabelled with approved labels\n(1) A person must keep a registered chemical product in a suitable\ncontainer to which is attached the approved label.\n(2) Subsection (1) applies:\n(a) whether the container in which the product is kept is the\ncontainer in which the product was supplied to the person or is\na container into which the product was transferred by the\nperson or another person; or\n(b) whether the product has been mixed with another substance\nor not.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 14\n(3) Subsection (1) does not apply if the container is:\n(a) the container in which the product was supplied by a\nveterinarian or pharmacist; or\n(b) a container into which the product was transferred for\nimmediate use.\n(4) In subsection (1):\nsuitable container, for a product, means a container that:\n(a) is impervious to, and incapable of chemical reaction with, the\nproduct when under conditions of temperature and pressure\nlikely to be encountered in normal service;\n(b) has sufficient strength and impermeability to prevent leakage\nof the product during handling, transport and storage under\nnormal handling conditions;\n(c) if it is intended to be opened more than once – can be\nsecurely and readily closed and reclosed;\n(d) has sufficient excess capacity to prevent it from breaking if its\ncontents expand during handling, transport or storage; and\n(e) enables all or any part of the product to be removed or\ndischarged in such a way that, with the exercise of no more\nthan reasonable care, the product cannot:\n(i) harm any person; or\n(ii) have an unintended effect that is harmful to the\nenvironment.\n","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Requirement to read label or permit","content":"18 Requirement to read label or permit\n(1) A person must on each occasion before using a registered\nchemical product:\n(a) read the instructions on the approved label; or\n(b) have another person explain the instructions on the approved\nlabel to the person.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 15\n(2) A person does not contravene subsection (1) if the person:\n(a) uses the registered chemical product in accordance with the\ninstructions on the label; or\n(b) uses the registered chemical product in accordance with the\ninstructions on another version of the approved label that,\nwhen the product is used, is on the container from which the\nproduct is used.\n(3) If a permit is in force for a chemical product, a person to whom the\npermit applies must on each occasion before using the chemical\n(a) read the permit; or\n(b) have another person explain the permit to the person.\n(4) A person does not contravene subsection (3) if the person uses the\nchemical product in accordance with the permit.\n","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Record of use required by label or permit","content":"19 Record of use required by label or permit\n(1) If:\n(a) a person uses a chemical product in accordance with:\n(i) the instructions on the approved label; or\n(ii) a permit; and\n(b) the instructions or permit requires a person using the chemical\nproduct to record the use,\nthe person must:\n(c) record the use in accordance with the instructions or permit;\nand\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 16\n(d) keep the record for 2 years after the use.\n(2) For subsection (1):\n(a) if the instructions or permit specify the time at or within which\nthe record is to be made – the record must be made at or\nwithin that time; or\n(b) if no time is specified – the record must be made as soon as\npracticable after the chemical product is used.\n","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"Reuse of containers","content":"20 Reuse of containers\n(1) A person must not reuse a container that has contained a chemical\nproduct for another purpose.\n(2) A person does not contravene subsection (1) if:\n(a) the container is reused in accordance with a recycling\nprogram approved by:\n(i) the Chemicals Coordinator; or\n(ii) a body or organisation that represents the agricultural\nindustry at the national level; or\n(b) all trace of the chemical product that was in the container is\nremoved, the person reuses the container to contain a\nchemical product and the container is suitably labelled.\n","sortOrder":22},{"sectionNumber":"21","sectionType":"section","heading":"Disposal of containers","content":"21 Disposal of containers\nA person must dispose of a container that has contained a chemical\n(a) in accordance with the instructions on the approved label; or\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 17\n(b) as directed by a chemical adviser.\n","sortOrder":23},{"sectionNumber":"22","sectionType":"section","heading":"Use of registered agricultural chemical products","content":"22 Use of registered agricultural chemical products\n(1) A person must not use a registered agricultural chemical product in\na way that is contrary to the instructions on the approved label\nunless authorised under a permit.\n(2) A person who uses a registered agricultural chemical product does\nnot contravene subsection (1) because the instructions on the\napproved label specify use of the product only in another State or\n(3) A person does not contravene subsection (1) if the person uses the\nregistered agricultural chemical product in any of the following ways\nunless the instructions on the approved label prohibit use in that\nway:\n(a) at a concentration that is lower than the concentration\nspecified in the instructions;\n(b) at a rate of application that is lower than the rate of application\nspecified in the instructions;\n(c) less frequently than is specified in the instructions;\n(d) to control a pest not specified in the instructions;\n(e) by mixing the product with another substance;\n(f) by applying the product using a method not specified in the\ninstructions.\n(4) Subsection (3) does not apply in relation to the use of a registered\nagricultural chemical product that is a restricted chemical product.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 18\n","sortOrder":24},{"sectionNumber":"23","sectionType":"section","heading":"Observance of withholding period before harvest","content":"23 Observance of withholding period before harvest\nA grower who uses a registered agricultural chemical product to\ntreat a crop or pasture must not harvest or cut any part of the crop\nor pasture until after the expiry of the withholding period specified in\nthe instructions on the approved label unless authorised under a\n","sortOrder":25},{"sectionNumber":"24","sectionType":"section","heading":"Sale of agricultural produce business before withholding","content":"24 Sale of agricultural produce business before withholding\nperiod expires\n(1) This section applies if:\n(a) an agricultural produce business is sold;\n(b) before the completion date, agricultural produce included in\nthe sale was treated with an agricultural chemical product; and\n(c) as at that date, the withholding period had not expired.\n(2) The person who conducted or managed the business immediately\nbefore the completion date must, as soon as possible on or after\nthat date, give the purchaser of the business the following\ninformation:\n(a) the identity and location of the produce;\n(b) the name of the product;\n(c) the last date on which the produce was treated with the\nproduct;\n(d) the withholding period.\n(3) In this section:\ncompletion date means the date on which the sale of the business\nis completed.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 19\n","sortOrder":26},{"sectionNumber":"25","sectionType":"section","heading":"Use of registered veterinary chemical products by","content":"25 Use of registered veterinary chemical products by\nnon-veterinarian generally\n(1) A person who is not a veterinarian must not use a registered\nveterinary chemical product in contravention of subsection (2)\nunless authorised under a permit or an authority under the\nMedicines, Poisons and Therapeutic Goods Act 2012.\n(2) A registered veterinary chemical product must be used in\naccordance with:\n(a) the written instructions provided by the veterinarian who\nprescribed, recommended or supplied the product; or\n(b) if no written instructions were provided – the instructions on\nthe approved label.\n","sortOrder":27},{"sectionNumber":"26","sectionType":"section","heading":"Use of registered veterinary chemical products by","content":"26 Use of registered veterinary chemical products by\nnon-veterinarian to treat food-producing species if use\nprohibited by label\n(1) A person who is not a veterinarian must not use a registered\nveterinary chemical product to treat an animal of a food-producing\nspecies if the instructions on the approved label prohibit the use of\nthe product in relation to that species unless:\n(a) the person is authorised to use the product by a permit; or\n(b) the product has been prescribed, recommended or supplied\nfor use by a veterinarian and is used in accordance with the\nwritten instructions provided by the veterinarian under\nsection 33(2) when recommending or supplying the product or\nby a pharmacist under section 34 when supplying the product.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 20\n27 Use, prescription, recommendation or supply of registered\nveterinary chemical products by veterinarian contrary to label\nuse, a registered veterinary chemical product in a way that is\ncontrary to the instructions on the approved label unless use in that\nway is authorised under a permit.\nproduct for use, to treat an animal in any of the following ways:\n(a) by administering the product in a dose, or at a frequency of\ndosage, that is not specified in the instructions on the label;\n(b) subject to paragraph (c), by administering the product to an\nanimal of a species that is not specified in the instructions on\nthe label;\n(c) by administering the product to an animal of a major food-\nproducing species that is not specified in the instructions on\nthe label but only if the instructions specify that the product is\nfor use in relation to another major food-producing species.\n(3) Without limiting subsection (1), a veterinarian contravenes\nsubsection (1) if the veterinarian uses the product, or prescribes,\nrecommends or supplies the product for use, to treat an animal by\ninjection if the instructions on the label specify that the product is to\nbe administered topically or orally.\n28 Use, prescription, recommendation or supply of registered\nveterinary chemical products by veterinarian to treat food-\nproducing species if use prohibited by label restraint\n(1) This section applies despite section 27.\n(2) A veterinarian must not use, or prescribe, recommend or supply for\nuse, a registered veterinary chemical product to treat an animal of a\nfood-producing species in a way that is contrary to the label\nrestraint on the approved label unless authorised by a permit.\n(3) An offence against subsection (2) is a regulatory offence.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 21\n","sortOrder":28},{"sectionNumber":"29","sectionType":"section","heading":"Use, prescription, recommendation or supply of unregistered","content":"29 Use, prescription, recommendation or supply of unregistered\nveterinary chemical products by veterinarian\nuse, a veterinary chemical product that is not registered unless\nauthorised under a permit.\n(2) A veterinarian does not contravene subsection (1) if the\n(a) uses the product, or prescribes, recommends or supplies the\nproduct for use, to treat an animal of a species other than a\nfood-producing species;\nanimal; and\n(c) when prescribing, recommending or supplying a compounded\nproduct, prescribes, recommends or supplies a quantity\nsufficient only for a single course of treatment.\n(3) A veterinarian does not contravene subsection (1) if the veterinarian\nproduct for use, where:\n(a) there is no registered veterinarian chemical product available;\nor\n(b) the registered veterinarian chemical products that are\navailable are demonstrably ineffective or unsuitable for the\nintended use.\n(4) A veterinarian does not contravene subsection (1) if the veterinarian\nsupplies the product to another veterinarian in the same\nveterinarian practice.\n(5) An offence against subsection (1) is a regulatory offence.\n(6) In this section:\nveterinary chemical product includes a compounded product.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 22\n","sortOrder":29},{"sectionNumber":"30","sectionType":"section","heading":"Use, prescription, recommendation or supply of human","content":"30 Use, prescription, recommendation or supply of human\npharmaceuticals by veterinarian\nuse, a registered human pharmaceutical unless authorised under a\nuses the pharmaceutical, or prescribes, recommends or supplies\nthe pharmaceutical for use, where:\n(a) there is no registered veterinary chemical product available; or\n(b) the registered veterinary chemical products that are available\nare demonstrably ineffective or unsuitable for the intended\nuse.\n(3) A veterinarian does not contravene subsection (1) if the\n(a) uses the pharmaceutical, or prescribes, recommends or\nsupplies the pharmaceutical for use, to treat an animal of a\nspecies other than a food-producing species; and\n(5) In this section:\nregistered human pharmaceutical means therapeutic goods that\nare included in the part of the Australian Register of Therapeutic\nGoods maintained under the Therapeutic Goods Act 1989 of the\nCommonwealth for goods known as registered goods.\n","sortOrder":30},{"sectionNumber":"31","sectionType":"section","heading":"Use, prescription, recommendation or supply of agricultural","content":"31 Use, prescription, recommendation or supply of agricultural\nchemical products by veterinarian\nuse, an agricultural chemical product unless authorised under a\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 23\n(2) A veterinarian does not contravene subsection (1) if the\n(a) uses the product, or prescribes, recommends or supplies the\nproduct for use, to treat an animal of a species other than a\nfood-producing species; and\n(3) A veterinarian does not contravene subsection (1) if the veterinarian\nproduct for use, where:\n(a) there is no registered veterinarian chemical product available;\nor\n(b) the registered veterinarian chemical products that are\navailable are demonstrably ineffective or unsuitable for the\nintended use.\n","sortOrder":31},{"sectionNumber":"32","sectionType":"section","heading":"Application of and prescribed information for sections 33","content":"32 Application of and prescribed information for sections 33\nand 34\n(1) Sections 33 and 34 apply in relation to the following veterinary\nchemical products:\n(a) a veterinary chemical product that is not registered;\n(b) a registered veterinary chemical product prescribed or\nrecommended by a veterinarian, or supplied by a veterinarian\nor a pharmacist, with instructions for use in a way that is\nprohibited by or contrary to the instructions on the approved\nlabel;\n(c) a registered veterinary chemical product supplied by a\nveterinarian or a pharmacist in a container that does not have\nan approved label.\n(2) For sections 33 and 34, the following information is prescribed in\nrelation to a veterinary chemical product to which sections 33\nand 34 apply:\n(a) the name of the veterinarian prescribing, recommending or\nsupplying the product and the name, address and telephone\nnumber of the veterinarian's practice;\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 24\n(b) the name of the product or the chemical name or common\nname of the active constituent of the product;\n(c) the concentration of the active constituent of the product;\n(d) the dose of the product;\n(e) the frequency of the dosage;\n(f) the period over which the product is to be administered;\n(g) the route by which the product is to be administered;\n(h) the species in relation to which the product is to be\nadministered;\n(i) if applicable – the expiry date of the product;\n(j) if applicable – the period, commencing on the date on which\nthe product is first used, after which any remaining product is\nto be discarded (which for a compounded product is the period\nof treatment);\n(k) if the product is to be administered to an animal of a food-\nproducing species – the withholding period;\n(l) if applicable – advice about the handling of animals to which\nthe product is to be administered during the period over which\nthe product is to be administered and, if the animals are not to\nbe handled during that period, advice about the period that is\nto elapse before the animals are handled again;\n(m) if the product is a registered veterinary chemical product – a\nstatement to the effect that, if there is a difference between the\ninstructions on the approved label on the container in which\nthe product is supplied and the information specified in the\nprescription in accordance with section 33(1) or provided in\naccordance with section 34 when the product is supplied, the\nproduct is to be used in accordance with the information so\nspecified or provided and not in accordance with the\ninstructions on the label.\n","sortOrder":32},{"sectionNumber":"33","sectionType":"section","heading":"Veterinarian must provide information about veterinary","content":"33 Veterinarian must provide information about veterinary\nchemical products\n(1) A veterinarian who prescribes a veterinary chemical product\nspecified in section 32(1) must specify in the prescription the\ninformation prescribed by section 32(2).\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 25\n(2) A veterinarian who recommends or supplies a veterinary chemical\nproduct specified in section 32(1) must give the person to whom the\nproduct is being supplied the information prescribed by\nsection 32(2) by:\n(a) specifying the information on the label of the container in\nwhich the veterinarian supplies the product; or\n(b) otherwise providing the information in writing to the person\nwhen the veterinarian recommends or supplies the product.\n(3) If a veterinarian supplies a registered veterinary chemical product\nspecified in section 32(1) in a container that has an approved label,\nit is sufficient for subsections (1) and (2) if the veterinarian specifies\nthat the product is to be used in accordance with the instructions on\nthe approved label except as otherwise specified:\n(a) in the prescription; or\n(b) on the label of the container in which the product is supplied or\nin the written information that is otherwise provided when the\nproduct is supplied,\nas the case may be.\n","sortOrder":33},{"sectionNumber":"34","sectionType":"section","heading":"Pharmacist must provide information about veterinary","content":"34 Pharmacist must provide information about veterinary\nchemical products\nA pharmacist who supplies a veterinary chemical product specified\nin section 32(1) on the prescription of a veterinarian must give to\nthe person to whom the product is being supplied:\n(a) so much of the information prescribed by section 32(2) as is\nspecified in the prescription; and\n(b) the name of the pharmacist and the name, address and\ntelephone number of the pharmacist's practice,\nby:\n(c) specifying the information referred to in paragraphs (a) and (b)\non the label of the container in which the product is supplied;\nor\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 26\n(d) otherwise providing the information referred to in\nparagraphs (a) and (b) in writing to the person when the\nproduct is supplied.\n","sortOrder":34},{"sectionNumber":"35","sectionType":"section","heading":"Veterinarian etc. must provide information about withholding","content":"35 Veterinarian etc. must provide information about withholding\nperiods\n(1) A veterinarian who administers a veterinary chemical product to an\nanimal of a food-producing species for which a withholding period\napplies must, as soon as practicable after administering the\nproduct, give the information prescribed by subsection (4) in writing\nto the person responsible for the care of the animal.\n(2) A veterinarian who prescribes or supplies a veterinary chemical\nproduct for use in relation to an animal of a food-producing species\nfor which a withholding period applies must give the information\nprescribed by subsection (4) in writing to the person to whom the\nprescription is being given or the product is being supplied.\n(3) If a person who is given information by a veterinarian in accordance\nwith subsection (2) is not responsible for the care of the animal to\nwhich the information relates, the person must give the information\nto the person who is responsible for the care of the animal.\n(4) For this section, the following information is prescribed:\n(a) the name of the veterinarian administering the product;\n(b) the name, address and telephone number of the veterinarian's\npractice;\n(c) the name of the product administered;\n(d) the date the product was administered;\n(e) the withholding period.\n","sortOrder":35},{"sectionNumber":"36","sectionType":"section","heading":"Stockfood seller must provide certain information","content":"36 Stockfood seller must provide certain information\n(1) A person who is in the business of selling stockfoods (the seller)\nmust not sell to another person (the purchaser) a stockfood to\nwhich the seller knows, or could reasonably be expected to know, a\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 27\nveterinary chemical product has been added unless the seller gives\nthe purchaser the following written information:\n(a) a statement that a veterinary chemical product has been\nadded to the stockfood;\n(b) the name of the product and the distinguishing number\nassigned to the product under the Agvet Code;\n(c) the names and concentrations of the active ingredients in the\nstockfood;\n(d) the withholding period for each species of animal for which the\nstockfood is formulated;\n(e) if the stockfood has been formulated on the instructions of a\nveterinarian – a copy of the veterinarian's instructions for use\nof the stockfood;\n(f) if the stockfood has been formulated with a registered\nveterinary chemical product on the instructions of a person\nwho is not a veterinarian – a copy of the instructions for use\non the approved label.\n(2) For subsection (1), it is sufficient if the information:\n(a) is specified on the container in which the stockfood is sold; or\n(b) if the stockfood is sold in bulk – is provided (for example, on\nthe delivery docket) at the time the stockfood is delivered to\nthe purchaser.\n","sortOrder":36},{"sectionNumber":"37","sectionType":"section","heading":"Observing withholding period before slaughter etc.","content":"37 Observing withholding period before slaughter etc.\nIf a person who is not a veterinarian:\n(a) owns, or is responsible for the care of, an animal of a food-\nproducing species; and\n(b) uses a veterinary chemical product to treat the animal,\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 28\nunless authorised under a permit, the person must not shear or\nslaughter the animal, or collect milk or eggs from the animal for\nhuman consumption, until after the expiry of the withholding period\nspecified:\n(c) in the written instructions provided by the veterinarian who\nprescribed, recommended or supplied the product; or\n(d) if no written instructions were provided – in the instructions on\nthe approved label.\n","sortOrder":37},{"sectionNumber":"38","sectionType":"section","heading":"Sale or purchase of animal before withholding period expires","content":"38 Sale or purchase of animal before withholding period expires\n(1) A person must not sell an animal of a food-producing species that\nhas been treated with a veterinary chemical product before the\nwithholding period expires unless the person has given the\npurchaser written notice of:\n(a) the name of the veterinary chemical product administered;\n(b) the last date on which the product was administered before\nthe sale;\n(c) the dose, and the frequency of the dosage, that was being\nadministered before the sale; and\n(d) the withholding period.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 29\n(3) If the purchaser of an animal of a food-producing species receives\nfrom the seller a notice about the animal in accordance with\nsubsection (1), the purchaser must not shear or slaughter the\nanimal, or collect milk or eggs from the animal for human\nconsumption, until after the expiry of the withholding period\nspecified in the notice or unless authorised under a permit.\n","sortOrder":38},{"sectionNumber":"39","sectionType":"section","heading":"Identifying treated food-producing animals if carer does not","content":"39 Identifying treated food-producing animals if carer does not\nown animals\n(1) If:\n(a) a person (including a veterinarian) is responsible for the care\nof an animal of a food-producing species owned by another\nperson; and\n(b) the animal is being or has been treated with a veterinary\nchemical product,\nthe person must take reasonable steps to ensure that the animal is\nidentified (for example, by tagging, physical segregation or written\nrecords) in a manner sufficient to enable the person who has\ncontrol over the animal:\n(c) to identify the animal during any withholding period;\n(d) to identify the animal during any rehandling period; and\n(e) to comply with the requirements of this Act relating to the\n(2) Subsection (1) does not apply to a person who is an employee of\nthe animal's owner.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 30\n(3) In subsection (1):\nrehandling period means the minimum period that needs to\nelapse between the treatment of an animal and when a person is\nable to safely handle the animal without wearing protective clothing.\n","sortOrder":39},{"sectionNumber":"40","sectionType":"section","heading":"Veterinarian liable for residues above maximum","content":"40 Veterinarian liable for residues above maximum\nA veterinarian commits an offence if:\n(a) the veterinarian uses a registered veterinary chemical product\nto treat an animal of a major food-producing species in a way\nthat is contrary to the instructions on the approved label; and\n(b) as a result of that use, the concentration of the product in the\nanimal after the expiry of the withholding period is greater than\nthe maximum residue limit for that species of animal.\n","sortOrder":40},{"sectionNumber":"41","sectionType":"section","heading":"Veterinarian must keep records about using, prescribing,","content":"41 Veterinarian must keep records about using, prescribing,\nrecommending and supplying veterinary products\n(1) A veterinarian who uses a prescribed veterinary product, or\nprescribes, recommends or supplies a prescribed veterinary\nproduct for use, in relation to an animal of a food-producing species\nmust keep, for 2 years after the use, prescription, recommendation\nor supply, a record of the following:\n(a) the name of the owner of the animal;\n(b) the date on which the veterinarian used, prescribed,\nrecommended or supplied the product;\n(c) the name of the product;\n(d) the form in which, and the concentration at which, the\nveterinarian used the product or prescribed, recommended or\nsupplied the product for use;\n(e) if the veterinarian used the product – the quantity of, and the\nway in which, the product was used;\n(f) if the veterinarian prescribed, recommended or supplied the\nproduct – the quantity prescribed, recommended or supplied;\n(g) the withholding period;\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 31\n(h) sufficient information to identify the animal in relation to which\nthe veterinarian used the product or prescribed, recommended\nor supplied the product for use.\nprescribed veterinary product means a veterinary chemical\n(a) the use, prescription, recommendation or supply of which by\nthe veterinarian is contrary to the instructions on the approved\nlabel; or\n(b) that is specified in Schedule 4 in Part 4 of the latest edition of\nthe document entitled \"Standard for the Uniform Scheduling of\nDrugs and Poisons\" published by the Commonwealth.\n","sortOrder":41},{"sectionNumber":"42","sectionType":"section","heading":"Use of injectable anabolic steroids by persons who are not","content":"42 Use of injectable anabolic steroids by persons who are not\nveterinarians\n(1) A person who is not a veterinarian must not use an injectable\nanabolic steroid to treat an animal.\n(2) A person does not contravene subsection (1) if:\n(a) the steroid was supplied to the person by a veterinarian; and\n(b) the veterinarian witnesses the person treating the animal with\nthe steroid.\n","sortOrder":42},{"sectionNumber":"43","sectionType":"section","heading":"Prescription or supply of injectable anabolic steroids by","content":"43 Prescription or supply of injectable anabolic steroids by\nveterinarians\n(1) A veterinarian must not prescribe or supply for use an injectable\nanabolic steroid.\nprescribes or supplies the steroid for use by another veterinarian.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 32\n(3) A veterinarian does not contravene subsection (1) if the\n(a) supplies the steroid to a person who is not a veterinarian to\ntreat an animal; and\n(b) the veterinarian witnesses the person treating the animal with\nthe steroid.\n","sortOrder":43},{"sectionNumber":"44","sectionType":"section","heading":"Veterinarian to keep anabolic steroids locked away","content":"44 Veterinarian to keep anabolic steroids locked away\n(1) A veterinarian who has possession of an injectable anabolic steroid\nmust, whenever the steroid is not actually being used, keep the\nsteroid in a locked container that only the veterinarian is able to\nunlock.\nlocked container means a box, drawer, cupboard or other\ncontainer that is locked and includes a locked vehicle.\n","sortOrder":44},{"sectionNumber":"45","sectionType":"section","heading":"Veterinarian to dispose of injectable anabolic steroids properly","content":"45 Veterinarian to dispose of injectable anabolic steroids properly\n(1) A veterinarian must dispose of an injectable anabolic steroid by:\n(a) returning it to the supplier; or\n(b) disposing of it in a manner approved in writing by the\n","sortOrder":45},{"sectionNumber":"46","sectionType":"section","heading":"Veterinarian to report loss of injectable anabolic steroids","content":"46 Veterinarian to report loss of injectable anabolic steroids\nIf, during any 28-day period, a veterinarian loses (whether as a\nresult of theft, misplacement or otherwise) a quantity of injectable\nanabolic steroid exceeding 50 millilitres or quantities of injectable\nanabolic steroid in total exceeding 50 millilitres, the veterinarian\nmust report the loss to the Chemicals Coordinator within 48 hours\nafter becoming aware of it.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 33\n","sortOrder":46},{"sectionNumber":"47","sectionType":"section","heading":"Veterinarian to keep records relating to injectable anabolic","content":"47 Veterinarian to keep records relating to injectable anabolic\nsteroids\n(1) A veterinarian who has possession of a batch of injectable anabolic\nsteroid must keep, for 2 years after the last of the batch is used to\ntreat an animal or is disposed of, a record of the following for the\nbatch:\n(a) the name of the steroid;\n(b) the manufacturer's batch number;\n(c) the date on which the veterinarian obtained the batch;\n(d) the name of the supplier from whom the batch was obtained;\n(e) the total volume of steroid in the batch;\n(f) details about the use and disposal of the batch sufficient to\naccount for the total volume of the batch, including the details\nspecified in subsection (2).\n(2) For subsection (1)(f), the details about the use and disposal of a\nbatch must include the following:\n(a) each date on which part of the batch was used, supplied, or\ndisposed of by the veterinarian;\n(b) if part of the batch was used or supplied by the veterinarian to\ntreat one or more animals:\n(i) the name and address of the person who owned, or was\nresponsible for the care of, the animals at the time of\ntreatment;\n(ii) the volume of steroid used or supplied to treat the\nanimals;\n(iii) the number of animals treated; and\n(iv) information sufficient to enable the veterinarian to\nidentify the animals treated;\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 34\n(c) if part of the batch was disposed of:\n(i) the method of disposal; and\n(ii) where it was disposed of by giving it to another person –\nthe name and address of that person;\n(d) the volume of steroid remaining in the batch after each time\npart of the batch was used or disposed of.\n","sortOrder":47},{"sectionNumber":"48","sectionType":"section","heading":"Possession or use of restricted chemical products","content":"48 Possession or use of restricted chemical products\n(1) A person must not have possession of a restricted chemical product\n(a) belongs to a class of persons that the instructions on the\napproved label specify is authorised to use the product; or\n(b) is authorised under a permit to use the product.\n(2) Subsection (1) does not apply to a person who is authorised under\na law in force in the Territory to sell or supply the product.\n(3) A person must not use a restricted chemical product in a way that is\ncontrary to the instructions on the approved label unless the use is\nauthorised under a permit.\n(4) A person who has possession of or uses a restricted chemical\nproduct does not contravene subsection (1) or (3) because having\npossession of or using the product in the Territory is not specified in\nthe instructions on the approved label but does contravene\nsubsection (1) or (3) if having possession of or using the product in\nthe Territory is prohibited by those instructions.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 35\n(5) A person who has possession of or uses a restricted chemical\nproduct does not contravene subsection (1) or (3) if the person is\nauthorised by the Regulations to have possession of or use the\nproduct.\n","sortOrder":48},{"sectionNumber":"49","sectionType":"section","heading":"Possession or use of S7 chemical products","content":"49 Possession or use of S7 chemical products\n(1) A person must not have possession of an S7 chemical product\n(a) belongs to a class of persons that the instructions on the\napproved label specify is authorised to use the product;\n(b) is authorised under Part 5, Division 2, or by the Regulations,\nto use the product; or\n(c) is authorised under another law in force in the Territory to use\nthe product.\n(2) Subsection (1) does not apply to a person who is authorised under\na law in force in the Territory to sell or supply the product.\n(3) A person who is authorised by the Regulations to use an S7\nchemical product must comply with the conditions of the\nauthorisation.\n","sortOrder":49},{"sectionNumber":"50","sectionType":"section","heading":"Possession or use of unregistered chemical products","content":"50 Possession or use of unregistered chemical products\n(1) A person must not have possession of a chemical product unless it\nis registered.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 36\n(2) A person must not use a chemical product unless it is registered.\n(3) Subsection (1) or (2) does not apply if:\n(a) the possession or use of the product by the person is\nauthorised under a permit;\n(b) the product is declared by the Regulations to be an exempt\nchemical product for this section;\n(c) the product is an agricultural chemical product:\n(i) in the possession of a veterinarian; or\n(ii) used for an authorised veterinary purpose within the\nmeaning of subsection (5); or\n(d) the product is a veterinary chemical product:\n(i) in the possession of or used by a veterinarian or\npharmacist; or\n(ii) prescribed or supplied by a veterinarian to treat an\nanimal under the person's control.\n(4) It is a defence to a prosecution for an offence against\nsubsection (2) if the defendant proves that:\n(a) the product was registered at some time during the 2-year\nperiod immediately before its use by the defendant;\n(b) the registration of the product ended by virtue of section 47(2)\nor (3) of the Agvet Code;\n(c) the defendant's use of the product was in accordance with the\ninstructions on the label that was the approved label\nimmediately before registration of the product ended; and\n(d) the approved label was on the container from which the\ndefendant used the product when the defendant used the\nproduct.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 37\n(5) For subsection (3)(c)(ii), an agricultural chemical product is used for\nan authorised veterinary purpose if it is used in the course a\nveterinarian's practice by the veterinarian or a person in accordance\nwith directions given by the veterinarian.\n","sortOrder":50},{"sectionNumber":"51","sectionType":"section","heading":"Claims about registered chemical products","content":"51 Claims about registered chemical products\n(1) A person must not make a claim about a registered chemical\nproduct, or a chemical product that contains a registered chemical\nproduct, that is inconsistent with the instructions on the approved\nlabel.\nMaximum penalty: 20 penalty units.\n(2) A prescribed person does not contravene subsection (1) if the claim\nis:\n(a) consistent with a permit; or\n(b) is made honestly and without negligence.\n(3) In subsection (2):\nprescribed person means any of the following:\n(a) the Chemicals Coordinator in the course of performing a\nfunction or exercising a power under this Act;\n(b) an employee, within the meaning of the Public Sector\nEmployment and Management Act 1993, in the course of his\nor her employment;\n(c) a person prescribed by the Regulations, or by the Minister by\nnotice in the Gazette, in the circumstances prescribed by the\nRegulations or notice.\n","sortOrder":51},{"sectionNumber":"52","sectionType":"section","heading":"Claims about unregistered chemical products","content":"52 Claims about unregistered chemical products\n(1) A person must not make a claim about the use of a chemical\nproduct that is not registered.\nMaximum penalty: 20 penalty units.\n(2) A person does not contravene subsection (1) if the person makes a\nclaim about the use of a chemical product where:\n(a) the use is authorised under a permit; or\n(b) the use is for an authorised veterinary purpose within the\nmeaning of subsection (5).\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 38\n(3) A person does not contravene subsection (1) by making or\nreporting a statement about a chemical product if the statement is\nmade or reported:\n(a) in a scientific paper or other scientific literature;\n(b) in a scientific report or presentation; or\n(c) at a conference or seminar, or in an address, meeting or\ndiscussion, about chemical products,\nand is based on data:\n(d) published in a reputable scientific refereed journal; or\n(e) of a standard publishable in a reputable scientific refereed\njournal.\n(4) A person does not contravene subsection (1) by making or\nreporting a statement about a chemical product if the statement is\nmade or reported on radio or television, or in a newspaper, journal\nor newsletter, as fair comment on material:\n(a) published for a conference or seminar; and\n(b) is based on data of a type referred to in subsection (1)(d)\nor (e).\n(5) For subsection(2)(b), a chemical product is used for an authorised\nveterinary purpose if it is used:\n(a) in the course a veterinarian's practice by the veterinarian or a\nperson under directions given by the veterinarian; and\n(b) in a way that complies with the conditions prescribed by the\nRegulations for the use of the chemical product in a\nveterinarian's practice.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 39\n","sortOrder":52},{"sectionNumber":"53","sectionType":"section","heading":"Prohibition and regulation of manufacture, possession, sale or","content":"53 Prohibition and regulation of manufacture, possession, sale or\nuse\n(1) The Minister may, by notice in the Gazette, prohibit or impose\nconditions on the manufacture, possession, sale or use of a\nchemical product, fertiliser or stockfood:\n(a) if satisfied that it is necessary to protect:\n(i) the health of the general public or the users of the\nchemical product, fertiliser or stockfood;\n(ii) the environment; or\n(iii) domestic or export trade in agricultural produce; and\n(b) despite that the chemical product, fertiliser or stockfood\ncomplies with the relevant standards prescribed by the\nRegulations for that chemical product, fertiliser or stockfood.\n(2) Before taking action under subsection (1), the Minister must:\n(a) if the action is proposed to be taken because of\nsubsection (1)(a)(i) – consult with the minister primarily\nresponsible for health;\n(b) if the action is proposed to be taken because of\nsubsection (1)(a)(ii) – consult with the minister primarily\nresponsible for the environment; and\n(c) consider any advice provided by the Chemicals Coordinator.\n(3) The Minister must take reasonable steps to publicise action taken\nunder subsection (1) throughout the agricultural industry and the\ngeneral public.\n(4) A person who manufactures, is in possession of, sells or uses a\nchemical product, fertiliser or stockfood in contravention of a\nprohibition or condition imposed under subsection (1) commits an\noffence.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 40\n(5) A reference in this section to a chemical product, fertiliser or\nstockfood includes a reference to a class of chemical products,\nfertilisers or stockfoods.\n","sortOrder":53},{"sectionNumber":"54","sectionType":"section","heading":"Direction to recall product","content":"54 Direction to recall product\n(1) The Minister may direct in writing a manufacturer or wholesale\ndistributor:\n(a) to withdraw a chemical product, fertiliser or stockfood from\nsale, either immediately or within the time specified in the\ndirection;\n(b) to take the action specified in the direction to recover all\nsupplies of the chemical product, fertiliser or stockfood from\npersons to whom it was supplied by the manufacturer or\nwholesale distributor;\n(c) to deal with the supplies recovered and any other supplies of\nthe chemical product, fertiliser or stockfood in the\nmanufacturer's or distributor's possession in the manner\nspecified in the notice; and\n(d) to report in writing to the Chemicals Coordinator about action\ntaken under paragraph (b) and dealings under paragraph (c).\n(2) A manufacturer or wholesale distributor who contravenes a\ndirection given under subsection (1) commits an offence.\n(3) The Minister may only give a direction under subsection (1)(a), (b)\nor (c) if satisfied that it is necessary to protect:\n(a) the health of the general public or the users of the chemical\nproduct, fertiliser or stockfood;\n(b) the environment; or\n(c) domestic or export trade in agricultural produce.\n(4) A reference in this section to a chemical product, fertiliser or\nstockfood includes a reference to a class of chemical products,\nfertilisers or stockfoods.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 41\n","sortOrder":54},{"sectionNumber":"55","sectionType":"section","heading":"Direction to deal with prohibited or contaminated chemical","content":"55 Direction to deal with prohibited or contaminated chemical\nproduct, fertiliser, stockfood or agricultural produce\n(1) If, after receiving advice about the matter from the Chemicals\nCoordinator, the Minister is satisfied that:\n(a) the manufacture, possession, sale or use of a chemical\nproduct, fertiliser or stockfood is prohibited under section 53;\nor\n(b) a fertiliser, stockfood or agricultural produce contains or is\nlikely to contain a substance at a concentration:\n(i) greater than the concentration prescribed by the\nRegulations for the fertiliser, stockfood or agricultural\nproduce; or\n(ii) that poses or is likely to pose a threat to human health or\nto trade in the agricultural industry,\nthe Minister may direct in writing a person to deal with the chemical\nproduct, fertiliser, stockfood or agricultural produce in the manner\n(including by way of destruction), and within the time, specified in\nthe direction.\n(2) Before giving a direction under subsection (1) because of the threat\nposed or likely to be posed to human health, the Minister must\nconsult with the minister primarily responsible for health.\n(3) The reasonable costs and expenses of sampling and analysis\nincurred by the Chemicals Coordinator in order to advise the\nMinister about the concentration or likely concentration of a\nsubstance referred to in subsection (1)(b) are recoverable as a debt\ndue and payable to the Territory from the manufacturer of the\nfertiliser, the seller of the stockfood or the grower of the agricultural\nproduce.\n(4) However, those costs and expenses are not recoverable if:\n(a) the use of the substance was authorised by this Act or another\nlaw in force in the Territory; or\n(b) the concentration or likely concentration of the substance was\nthe result of the act or omission of a person other than the\nmanufacturer, seller or grower and the manufacturer, seller or\ngrower did not know, and could not reasonably have been\nexpected to know, about the act or omission.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 42\n(5) A person who contravenes a direction given under subsection (1)\n(6) An offence against subsection (5) is a regulatory offence.\n(7) If a person contravenes a direction given under subsection (1):\n(a) the Chemicals Coordinator may deal with the chemical\nproduct, fertiliser, stockfood or agricultural produce in the\nmanner specified in the direction; and\n(8) A reference in this section to a chemical product, fertiliser,\nstockfood or agricultural produce includes a reference to a class of\nchemical products, fertilisers, stockfoods or agricultural produce.\n","sortOrder":55},{"sectionNumber":"56","sectionType":"section","heading":"Damage by spray drift","content":"56 Damage by spray drift\n(1) A person must not carry out agricultural chemical spraying that\ninjuriously affects:\n(a) plants or stock outside the target area; or\n(b) land outside the target area so that growing plants or keeping\nstock on that land can reasonably be expected to result in a\nconcentration of the substance in agricultural produce that\nexceeds the standard prescribed by the Regulations for the\nconcentration of the substance in the agricultural produce.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 43\n(2) It is a defence to a prosecution for an offence against\nsubsection (1)(a) that the plants or stock have no commercial value.\n","sortOrder":56},{"sectionNumber":"57","sectionType":"section","heading":"Ground spraying businesses must be licensed","content":"57 Ground spraying businesses must be licensed\n(a) conduct a ground spraying business; or\n(b) represent that he or she provides a ground spraying service\nfor fee or reward,\n(c) is authorised under a ground spraying business licence; and\n(d) complies with the conditions of the licence.\n","sortOrder":57},{"sectionNumber":"58","sectionType":"section","heading":"Ground spray applicators must be licensed","content":"58 Ground spray applicators must be licensed\n(1) A professional ground spraying applicator must not operate a\nmachine or other equipment to carry out a class of ground spraying\nunless:\n(a) the person is authorised under:\n(i) a ground spraying business licence; or\n(ii) a class of ground spray applicator's licence prescribed\nby the Regulations for that class of spraying; and\n(b) the person complies with the conditions of the licence.\nprofessional ground spraying applicator means:\n(a) a ground spraying business licensee;\n(b) an employee of a ground spraying business licensee.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 44\n","sortOrder":58},{"sectionNumber":"59","sectionType":"section","heading":"Aerial spraying businesses must be licensed","content":"59 Aerial spraying businesses must be licensed\n(a) conduct an aerial spraying business; or\n(b) represent that he or she provides an aerial spraying service\nfor fee or reward,\n(c) is authorised under an aerial spraying business licence; and\n(d) complies with the conditions of the licence.\n","sortOrder":59},{"sectionNumber":"60","sectionType":"section","heading":"Pilots carrying out aerial spraying must be licensed","content":"60 Pilots carrying out aerial spraying must be licensed\nA person must not pilot an aircraft to carry out aerial spraying\n(a) is authorised under a pilot (chemical rating) licence; and\n(b) complies with the conditions of the licence.\n","sortOrder":60},{"sectionNumber":"61","sectionType":"section","heading":"Spraying operations under other legislation are exempt","content":"61 Spraying operations under other legislation are exempt\nThis Division does not apply in relation to agricultural chemical\nspraying authorised under:\n(a) a pest management technician licence under the Medicines,\nPoisons and Therapeutic Goods Act 2012; or\n(b) a licence under the Dangerous Goods Regulations 1985.\n","sortOrder":61},{"sectionNumber":"62","sectionType":"section","heading":"Definition","content":"62 Definition\nIn this Division:\nlicence means any of the following licences:\n(a) a ground spraying business licence referred to in section 57;\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 45\n(b) a ground spray applicator's licence referred to in section 58;\n(c) an aerial spraying business licence referred to in section 59;\n(d) a pilot (chemical rating) licence referred to in section 60.\n","sortOrder":62},{"sectionNumber":"63","sectionType":"section","heading":"Grant or refusal of licence","content":"63 Grant or refusal of licence\n(1) An application for the grant of a licence must be:\n(b) accompanied by the documents and information prescribed by\nthe Regulations and the other documents and information\nrequired by the Chemicals Coordinator; and\n(c) accompanied by the determined fee.\n(2) On receipt of the application, the Chemicals Coordinator may:\n(a) grant the licence subject to the conditions specified in the\nlicence; or\n(b) refuse to grant the licence.\n(3) If the Chemicals Coordinator has prescribed by notice in the\nGazette qualifications for a ground spraying business licence or a\nclass of ground spraying applicator's licence, the Chemicals\nCoordinator must not grant a licence of that kind unless the\napplicant holds those qualifications.\n(4) The Chemicals Coordinator must not grant a class of aerial\nspraying business licence unless:\n(a) the applicant holds an aerial work licence under the Civil\nAviation Act 1988 of the Commonwealth that is endorsed to\nconduct agricultural operations; and\n(b) if the Regulations prescribe additional qualifications for that\nclass of licence – the applicant has those qualifications.\n(5) The Chemicals Coordinator must not grant a pilot (chemical rating)\nlicence unless:\n(a) the applicant holds a commercial or senior commercial pilot's\nlicence under the Civil Aviation Act 1988 of the\nCommonwealth that is endorsed with an agricultural rating;\nand\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 46\n(b) if the Regulations prescribe additional qualifications for a pilot\n(chemical rating) licence – the applicant has those\nqualifications.\n(6) The Chemicals Coordinator must not grant a ground spray\napplicator's licence or a pilot (chemical rating) licence if:\n(a) the applicant refuses to undergo a medical examination as\nrequired by the Chemical Coordinator under section 70; or\n(b) the advice of the medical practitioner who conducted the\nmedical examination is that the proposed use of agricultural\nchemical products under the licence would constitute a threat\nto the applicant's health.\n(7) In considering the application, the Chemicals Coordinator may\nrequire the applicant to provide further specified documents or\ninformation within a specified period.\n","sortOrder":63},{"sectionNumber":"64","sectionType":"section","heading":"Term of licence","content":"64 Term of licence\n(1) A licence remains in force, unless sooner surrendered, cancelled or\nsuspended under this Act, for:\n(a) 3 years; or\n(b) if a period of 1, 2, 4 or 5 years is specified in the licence – that\nperiod.\n(2) The term of a licence commences on:\n(a) if granted under section 63 – 1 July immediately following the\ndate on which the licence was granted; or\n(b) if renewed under section 65 – 1 July immediately following\n30 June on which the licence would, but for the renewal, have\nexpired.\n","sortOrder":64},{"sectionNumber":"65","sectionType":"section","heading":"Renewal of licence","content":"65 Renewal of licence\n(1) An application for the renewal of a licence must be:\n(b) accompanied by the documents and information required by\nthe Chemicals Coordinator;\n(c) accompanied by the determined fee; and\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 47\n(d) received by the Chemicals Coordinator no later than 31 May\nimmediately before 30 June on which the licence is due to\nexpire.\n(2) On receipt of the application, the Chemicals Coordinator may:\n(a) renew the licence subject to the conditions specified in the\nrenewal, which conditions may or may not be the same as the\nconditions imposed when the licence was granted or last\nrenewed; or\n(b) refuse to renew the licence.\n(3) In considering the application, the Chemicals Coordinator may\nrequire the applicant to provide further specified documents or\ninformation within a specified period.\n(4) The Chemicals Coordinator must not renew a licence if, had the\napplication been for the grant of the licence instead of the renewal\nof the licence, the Chemicals Coordinator would have refused to\ngrant the licence.\n(5) If the application was received by the Chemicals Coordinator on or\nbefore the date specified in subsection (1)(d), the licence continues\nin force until the Chemicals Coordinator renews or refuses to renew\nthe licence.\n","sortOrder":65},{"sectionNumber":"66","sectionType":"section","heading":"Variation of conditions of licence","content":"66 Variation of conditions of licence\n(1) An application for the variation of the conditions to which a licence\nis subject may be made by the licensee and must be:\n(b) accompanied by the documents and information required by\nthe Chemicals Coordinator; and\n(c) accompanied by the determined fee.\n(2) On receipt of an application or on his or her own initiative, the\nChemicals Coordinator may:\n(a) vary the conditions to which the licence is subject, other than a\ncondition as to the term of the licence imposed by\nsection 64(2); or\n(b) refuse to vary those conditions.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 48\n(3) A reference in subsection (2) to the variation of the conditions to\nwhich a licence is subject includes a reference to the omission or\nsubstitution of some or all of those conditions and the addition of\nfurther conditions.\n","sortOrder":66},{"sectionNumber":"67","sectionType":"section","heading":"Fee to be returned if application refused","content":"67 Fee to be returned if application refused\nIf the Chemicals Coordinator refuses to grant or renew a licence,\nany fee that accompanied the application must be returned to the\napplicant and, if it is not returned, is recoverable as a debt due to\nthe applicant from the Territory.\n","sortOrder":67},{"sectionNumber":"68","sectionType":"section","heading":"Surrender of licence","content":"68 Surrender of licence\nA licensee may surrender his or her licence by returning it to the\n","sortOrder":68},{"sectionNumber":"69","sectionType":"section","heading":"Cancellation or suspension of licence","content":"69 Cancellation or suspension of licence\n(1) The Chemicals Coordinator may cancel or suspend a licence if:\n(a) the licensee has not complied with a condition of the licence;\n(b) the licensee has been found guilty of an offence against this\nAct or an offence relating to the misuse of chemicals against\nanother law in force in the Territory or another Australian\njurisdiction; or\n(c) the Chemicals Coordinator becomes aware of information\nthat, if it had been known by the Chemicals Coordinator when\nthe licence was granted or renewed, would have prevented\nthe Chemicals Coordinator from granting or renewing the\nlicence.\n(2) The Chemicals Coordinator must cancel an aerial spraying\nbusiness licence if the licensee ceases (whether by surrender,\ncancellation, suspension or otherwise) to hold an aerial work\nlicence under the Civil Aviation Act 1988 of the Commonwealth that\nis endorsed to conduct agricultural operations.\n(3) The Chemicals Coordinator must cancel a pilot (chemical rating)\nlicence if the licensee ceases (whether by surrender, cancellation,\nsuspension or otherwise) to hold a commercial or senior\ncommercial pilot's licence under the Civil Aviation Act 1988 of the\nCommonwealth that is endorsed with an agricultural rating.\n(4) The Chemicals Coordinator may suspend a licence for a period not\nexceeding 3 months while an investigation of the licensee or\nanother person is being conducted under section 99.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 49\n(5) A suspension under subsection (4) may be extended once for a\nfurther period not exceeding 3 months with the written approval of\nthe Minister.\n(6) The Chemicals Coordinator may cancel or suspend a ground spray\napplicator's licence or a pilot (chemical rating) licence if:\n(a) the licensee refuses to undergo a medical examination as\nrequired by the Chemicals Coordinator under section 70; or\n(b) the advice of the medical practitioner who conducted the\nmedical examination is that the continued use of agricultural\nchemical products under the licence constitutes a threat to the\napplicant's health.\n(7) A suspension under subsection (6) may be for a specified period or\nuntil specified requirements relating to the licensee's health are\nmet.\n(8) The suspension of a licence has, during the period of suspension,\nthe same effect as the cancellation of the licence.\n","sortOrder":69},{"sectionNumber":"70","sectionType":"section","heading":"Medical examination may be required","content":"70 Medical examination may be required\n(1) The Chemicals Coordinator may require any of the following\npersons to undergo a medical examination:\n(a) an applicant for a ground spray applicator's licence or a pilot\n(chemical rating) licence;\n(b) the holder of such a licence.\n(2) The medical practitioner who conducts the examination must\nprovide the Chemicals Coordinator and the person examined with a\nwritten report of the examination results.\n","sortOrder":70},{"sectionNumber":"70A","sectionType":"section","heading":"Licence not transferable","content":"70A Licence not transferable\nA licence is not transferable by the licensee.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 50\n","sortOrder":71},{"sectionNumber":"71","sectionType":"section","heading":"False claims about being licensed","content":"71 False claims about being licensed\nA person must not falsely represent himself or herself to be\nauthorised under a licence under this Part.\n100 penalty units or imprisonment for\n6 months.\n","sortOrder":72},{"sectionNumber":"72","sectionType":"section","heading":"Record of spraying activities to be kept","content":"72 Record of spraying activities to be kept\n(1) A ground spraying business licensee or aerial spraying business\nlicensee must keep in the approved form a record of the information\nprescribed by the Regulations for each occasion on which\nagricultural chemical spraying is carried out under the licence for a\nperiod of 2 years after the date on which the spraying was carried\nout.\n(2) A ground spraying business licensee or aerial spraying business\nlicensee must comply with a request by a chemical adviser to\nproduce the records required to be kept under subsection (1) or to\nprovide copies of them.\n","sortOrder":73},{"sectionNumber":"73","sectionType":"section","heading":"Defective machine, equipment or aircraft not to be used for","content":"73 Defective machine, equipment or aircraft not to be used for\nspraying\n(1) If the Chemicals Coordinator believes on reasonable grounds that a\nmachine or other equipment or an aircraft being used to carry out\nagricultural chemical spraying is defective, the Chemicals\nCoordinator may give the person apparently in charge of the\nmachine, equipment or aircraft a written direction not to operate the\nmachine, equipment or aircraft until:\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 51\n(a) specified repairs have been made to the machine, equipment\nor aircraft; and\n(b) the Chemicals Coordinator has given approval to operate the\nmachine, equipment or aircraft again.\n(2) A person who contravenes a direction given under subsection (1)\n","sortOrder":74},{"sectionNumber":"74","sectionType":"section","heading":"Declaration of chemical control area","content":"74 Declaration of chemical control area\n(1) The Minister may make, by publishing it in the Gazette, a\ndeclaration:\n(a) declaring an area to be a chemical control area; and\n(b) prohibiting or imposing conditions on the use of chemical\nproducts in that area.\n(2) The Minister may make the declaration if satisfied that it is\nnecessary:\n(a) to protect human health or safety, the environment or\nspecified plants or animals; or\n(b) to facilitate trade in agricultural produce.\n(3) The declaration takes effect on the date specified in the declaration.\n","sortOrder":75},{"sectionNumber":"75","sectionType":"section","heading":"Publication of proposal","content":"75 Publication of proposal\n(1) Before declaring an area to be a chemical control area, the Minister\nmust:\n(a) publish in a newspaper circulating in the area notice of the\nproposal to make a declaration; and\n(b) give a copy of the notice to the owners and occupiers of any\nland that will form part of, or will be adjacent to, the area.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 52\n(2) The notice must:\n(a) describe the area;\n(b) contain a summary of the prohibitions and conditions\nproposed to be imposed;\n(c) specify the place where copies of the proposal may be\nobtained; and\n(d) invite comments on the proposal to be lodged at the specified\nplace in the specified manner on or before the specified date,\nbeing a date not less than 21 days after the last day on which\nthe notice is published under subsection (3).\n(3) The notice must be published on at least 2 days, the last day it is\npublished being not less than 14 days after the first day it is\npublished.\n(4) After considering the comments received in accordance with the\ninvitation in the notice, the Minister may:\n(a) make a declaration in the same terms as the original proposal;\nor\n(b) revise the proposal and publish notice of the revised proposal\nin the same way in which notice of the original proposal was\nrequired to be published.\n(5) After considering the comments received in accordance with the\ninvitation in the notice published under subsection (4)(b), the\nMinister may:\n(a) make a declaration in the same terms as the revised proposal;\nor\n(b) revise the proposal a second time and make a declaration in\nthe terms of the proposal as revised the second time.\n","sortOrder":76},{"sectionNumber":"76","sectionType":"section","heading":"Contravention of declaration","content":"76 Contravention of declaration\nA person who contravenes a declaration made under section 74\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 53\n","sortOrder":77},{"sectionNumber":"77","sectionType":"section","heading":"Notation of declaration under Land Title Act 2000","content":"77 Notation of declaration under Land Title Act 2000\nAs soon as practicable after declaring an area to be a chemical\ncontrol area, the Minister must lodge a memorandum in accordance\nwith section 35 of the Land Title Act 2000 notifying the Registrar-\nGeneral of the statutory restrictions imposed by the declaration.\n","sortOrder":78},{"sectionNumber":"78","sectionType":"section","heading":"Identifying contaminated agricultural produce","content":"78 Identifying contaminated agricultural produce\n(1) The Chemicals Coordinator must advise the Minister if the\nChemicals Coordinator believes on reasonable grounds that\nagricultural produce growing on contaminated land contains or is\nlikely to contain a substance at a concentration that:\n(a) exceeds the maximum residue limit;\n(b) exceeds the standard prescribed by the Regulations for the\nconcentration of the substance in the agricultural produce; or\n(c) poses or is likely to pose a threat to human health or to trade\nin the agricultural industry.\n(2) The reasonable costs and expenses of sampling and analysis\nincurred by the Chemicals Coordinator in order to advise the\nMinister about the concentration or likely concentration of a\nsubstance referred to in subsection (1) are recoverable as a debt\ndue and payable to the Territory from the grower.\n(3) However, those costs and expenses are not recoverable if:\n(a) the use of the substance was authorised by this Act or another\nlaw in force in the Territory; or\n(b) the concentration or likely concentration of the substance was\nthe result of the act or omission of a person other than the\ngrower and the grower did not know, and could not reasonably\nhave been expected to know, about the act or omission.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 54\n","sortOrder":79},{"sectionNumber":"79","sectionType":"section","heading":"Direction in relation to agricultural pursuits on contaminated","content":"79 Direction in relation to agricultural pursuits on contaminated\nland\n(1) On receiving advice under section 78 about agricultural produce\ngrowing on contaminated land, the Minister may give the grower a\nwritten direction:\n(a) to take the measures specified in the direction to reduce the\nconcentration of a substance in the produce, which may\ninclude measures to destroy the produce or to restrict access\nto or use of the land; or\n(b) if the Minister is satisfied that the threat posed or likely to be\nposed by the concentration of a substance in the produce is\nsufficiently serious – to implement a remedial plan in relation\nto the produce, which may include measures to rehabilitate\nthe land.\n(2) Before giving a direction under subsection (1) because of the threat\nposed or likely to be posed to human health, the Minister must\nconsult with the minister primarily responsible for health.\n(3) A person who contravenes a direction given under subsection (1)\n(4) An offence against subsection (3) is a regulatory offence.\n(5) If a person contravenes a direction given under subsection (1):\n(a) the Chemicals Coordinator may take those measures; and\n","sortOrder":80},{"sectionNumber":"80","sectionType":"section","heading":"Preparation and approval of remedial plan","content":"80 Preparation and approval of remedial plan\n(1) For section 79(1)(b), the Minister may appoint a person or group of\npersons:\n(a) to prepare, in consultation with the grower, a draft remedial\nplan relating to the produce, which may include measures to\nrehabilitate the contaminated land; and\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 55\n(b) to submit the draft plan to the Minister for approval.\n(2) The Minister may approve a draft remedial plan submitted under\nsubsection (1)(b), subject to the amendments required by the\nMinister being made.\n","sortOrder":81},{"sectionNumber":"81","sectionType":"section","heading":"Amendment and revocation of remedial plan","content":"81 Amendment and revocation of remedial plan\n(1) If the Minister is satisfied that it is necessary to amend a remedial\nplan, the Minister may amend the remedial plan.\n(2) If the Minister is satisfied that the reason for implementing a\nremedial plan no longer exists or that it is otherwise appropriate, the\nMinister must revoke the remedial plan.\n","sortOrder":82},{"sectionNumber":"82","sectionType":"section","heading":"Notation of remedial plan on land titles register","content":"82 Notation of remedial plan on land titles register\n(1) As soon as practicable after a remedial plan is approved under\nsection 80 or an amendment of a remedial plan is made under\nsection 81, the Minister must lodge a memorandum in accordance\nwith section 35 of the Land Title Act 2000 notifying the Registrar-\nGeneral of the statutory restrictions imposed by the remedial plan\nor the amendment.\n(2) As soon as practicable after a remedial plan is revoked under\nsection 81, the Minister must give a direction to the Registrar-\nGeneral under section 36 of the Land Title Act 2000 to remove the\nmemorandum made under section 35 of that Act for the plan.\n","sortOrder":83},{"sectionNumber":"83","sectionType":"section","heading":"Declaration of emergency","content":"83 Declaration of emergency\n(1) If the Minister is satisfied that:\n(a) an emergency in connection with the agricultural industry\nexists; and\n(b) extraordinary measures are necessary or advisable for the\nprotection of the industry,\nthe Minister may declare by notice in the Gazette that an\nagricultural emergency exists for so much of the Territory as, in his\nor her opinion, is likely to be affected by the emergency.\n(2) A declaration:\n(a) takes effect on the date it is published in the Gazette; and\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 56\n(b) continues in force until the Minister revokes it by notice in the\nGazette.\n","sortOrder":84},{"sectionNumber":"84","sectionType":"section","heading":"Authorisation of counter-measures","content":"84 Authorisation of counter-measures\nTo counter an emergency for which a declaration is in force under\nsection 83:\n(a) the Minister may authorise in writing an act or omission that\nwould otherwise constitute an offence or an element of an\noffence against this Act; and\n(b) an authorisation has effect according to its tenor.\n","sortOrder":85},{"sectionNumber":"85","sectionType":"section","heading":"Appointment of Chemicals Coordinator","content":"85 Appointment of Chemicals Coordinator\nThe Minister must appoint in writing a Chemicals Coordinator.\n","sortOrder":86},{"sectionNumber":"86","sectionType":"section","heading":"Functions and powers of Chemicals Coordinator","content":"86 Functions and powers of Chemicals Coordinator\n(1) In addition to the other functions conferred on the Chemicals\nCoordinator by this Act, the Chemicals Coordinator has the\nfollowing functions:\n(a) to administer this Act;\n(b) to perform the functions of a coordinator under the Agvet\nCode;\n(c) to liaise with the Australian Pesticides and Veterinary\nMedicines Authority continued by section 6 of the Agricultural\nand Veterinary Chemicals (Administration) Act 1992 (Cth)\nabout the administration and enforcement of the Agvet Code;\n(d) the other functions conferred on the Chemicals Coordinator by\nanother law of the Territory.\n(2) In addition to the specific powers provided by this Act, the\nChemicals Coordinator has the powers that are necessary or\nconvenient for the performance of the Chemicals Coordinator's\nfunctions.\n(3) The Chemicals Coordinator is a chemical adviser for this Act.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 57\n(4) The Chemicals Coordinator is taken to have been nominated by the\nMinister to perform the functions of a coordinator under the Agvet\nCode.\n","sortOrder":87},{"sectionNumber":"87","sectionType":"section","heading":"Directions by Chemicals Coordinator","content":"87 Directions by Chemicals Coordinator\n(1) The Chemicals Coordinator may give a person a written direction to\ntake specified action, or to stop or not commence specified action, if\nthe Chemicals Coordinator is satisfied on reasonable grounds that:\n(a) an offence against this Act has been, is being or is about to be\ncommitted; or\n(b) it is necessary to protect:\n(i) the health of the general public or the users of a\nchemical product, fertiliser or stockfood or a class of\nchemical products, fertilisers or stockfoods;\n(ii) the environment; or\n(iii) domestic or export trade in agricultural produce.\n(2) A person who contravenes a direction given under subsection (1)\n(3) An offence against subsection (2) is a regulatory offence.\n(4) If a person contravenes a direction given under subsection (1):\n(a) the Chemicals Coordinator may take the specified action or\ntake the measures necessary and reasonable to ensure that\nthe specified action is stopped or is not commenced; and\n","sortOrder":88},{"sectionNumber":"88","sectionType":"section","heading":"Approved forms","content":"88 Approved forms\n(1) The Chemicals Coordinator may approve forms for use under this\nAct.\n(2) An approved form may be a statutory declaration.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 58\n","sortOrder":89},{"sectionNumber":"89","sectionType":"section","heading":"Delegation","content":"89 Delegation\nThe Chemicals Coordinator may delegate in writing to a person any\nof his or her functions or powers under this Act or another Act.\n","sortOrder":90},{"sectionNumber":"90","sectionType":"section","heading":"Appointment of chemical advisers","content":"90 Appointment of chemical advisers\n(1) The Chemicals Coordinator may appoint in writing one or more\npersons to be chemical advisers for this Act.\n(2) If a person appointed under subsection (1) is an employee within\nthe meaning of the Public Sector Employment and Management\nAct 1993, the appointment ceases when the person ceases to be\nsuch an employee.\n","sortOrder":91},{"sectionNumber":"91","sectionType":"section","heading":"Assistants","content":"91 Assistants\nA chemical adviser may be assisted in the performance of his or\nher duties by:\n(a) an officer or member of the Police Force;\n(b) a person who has expertise relevant to the performance of\nthose duties and is authorised by notice in the Gazette to\nprovide assistance under this section; or\n(c) another person who has expertise relevant to, or is otherwise\nable to assist the chemical adviser in, the performance of\nthose duties.\n","sortOrder":92},{"sectionNumber":"92","sectionType":"section","heading":"Identity cards","content":"92 Identity cards\n(1) The Minister must issue to the Chemicals Coordinator an identity\ncard that specifies the name and appointment of the Chemicals\nCoordinator and on which there is a recent photograph and the\nsignature of the Chemicals Coordinator.\n(2) The Chemicals Coordinator must issue to a chemical adviser an\nidentity card that specifies the name and appointment of the\nchemical adviser and on which there is a recent photograph and the\nsignature (verified by the Chemicals Coordinator) of the chemical\nadviser.\n(3) A person who held an appointment as the Chemicals Coordinator\nor a chemical adviser must return his or her identity card to the\nperson who issued the card as soon as practicable after ceasing to\nhold that appointment unless the person has a reasonable excuse.\nMaximum penalty for an offence against subsection (3):\n10 penalty units.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 59\n","sortOrder":93},{"sectionNumber":"93","sectionType":"section","heading":"Interpretation","content":"93 Interpretation\n(1) In this Division, unless the contrary intention appears:\nenter includes to board.\npremises includes vacant land and vehicles.\nresidential premises means premises used exclusively or\nprimarily for residential purposes and includes a private room in a\nmotel, hotel or guesthouse while the room is occupied but does not\ninclude a private room in a motel, hotel or guesthouse if the room is\nunoccupied or another part of a motel, hotel or guesthouse.\nsubstance or thing includes a vehicle.\nvehicle includes an aircraft or vessel.\n(2) For this Division, a substance or thing is connected with an offence\nif:\n(a) the offence has been committed with respect to the substance\nor thing;\n(b) the substance or thing will afford evidence of the commission\nof the offence; or\n(c) the substance or thing was used, is being used or is intended\nto be used to commit the offence.\n","sortOrder":94},{"sectionNumber":"94","sectionType":"section","heading":"Entry of premises","content":"94 Entry of premises\n(1) For the administration or enforcement of this Act, a chemical\nadviser may enter:\n(a) premises (other than residential premises) at any reasonable\ntime; or\n(b) any premises with the consent of the occupier or a person\napparently in charge of the premises.\n(2) A chemical adviser may enter premises under subsection (1) with\nthe assistance that is necessary and reasonable.\n(3) A chemical adviser who enters premises under subsection (1) is not\nauthorised to remain on the premises if, when asked by the\noccupier or a person apparently in charge of the premises, the\nchemical adviser does not produce his or her identity card.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 60\n(4) To enter a vehicle under subsection (1), a chemical adviser may\nrequire a person:\n(a) to stop, move or not to move the vehicle; or\n(b) to bring the vehicle to a specified place and remain in control\nof the vehicle until the chemical adviser permits the vehicle to\ndepart.\n","sortOrder":95},{"sectionNumber":"95","sectionType":"section","heading":"Inspection of premises","content":"95 Inspection of premises\n(1) A chemical adviser who enters premises under section 94 may do\nany of the following:\n(a) inspect or examine the premises or a substance or thing found\nin or on the premises;\n(b) break open and search fixtures and fittings, furniture and\nfurnishings or boxes, packages and other containers found in\nor on the premises;\n(c) take measurements of, or conduct tests relating to, the\npremises or a substance or thing found in or on the premises;\n(d) take photographs, films or audio, video or other recordings of\nthe premises or a substance or thing found in or on the\npremises;\n(e) take and remove from the premises samples for analysis of a\nsubstance or thing found in or on the premises;\n(f) if the premises are a vehicle – subject to section 96, seize the\nvehicle;\n(g) subject to section 96, seize a substance or thing found in or on\nthe premises;\n(h) take copies of or extracts from documents found in or on the\npremises;\n(i) require a person in or on the premises:\n(i) to answer questions or provide information;\n(ii) to make available documents kept on the premises; or\n(iii) to provide reasonable assistance to the chemical adviser\nrelating to the exercise of his or her powers under this\nsection;\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 61\n(j) direct in writing a person apparently in charge of a machine or\nother equipment found in or on the premises not to operate\nthe machine or other equipment until:\n(i) specified repairs have been made; or\n(ii) the machine or other equipment meets specified\nrequirements;\n(k) direct in writing the occupier or a person apparently in charge\nof the premises:\n(i) to stop using a substance or thing found in or on the\npremises and to store it in a specified manner; or\n(ii) to use a substance or thing found in or on the premises\nin a specified way and in no other way,\nuntil the period specified in the direction or the extension in\nwriting of that period (neither period exceeding 14 days) has\nexpired;\n(l) direct in writing the occupier or a person apparently in charge\nof the premises not to remove a specified substance or thing\nfound in or on the premises for the period (not exceeding\n14 days) specified in the direction;\n(m) destroy or render harmless, or direct the occupier or a person\napparently in charge of the premises to destroy or render\nharmless, a substance or thing found in or on the premises\nthat poses, or is likely to pose, a threat to human health or\nsafety.\n(2) After taking a sample under subsection (1)(e) or seizing a\nsubstance or thing under subsection (1)(f) or (g), a chemical adviser\nmust give a receipt for the sample, substance or thing to:\n(a) the occupier or a person apparently in charge of the premises;\nor\n(b) the person who the chemical adviser reasonably believes had\npossession of the sample, substance or thing immediately\nbefore it was taken or seized.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 62\n","sortOrder":96},{"sectionNumber":"96","sectionType":"section","heading":"Seizure of substances and things","content":"96 Seizure of substances and things\n(1) A chemical adviser may seize a substance or thing under\nsection 95(1)(f) or (g) if he or she has reasonable grounds for\nbelieving that:\n(a) the substance or thing is connected with an offence against\nthis Act and the seizure is necessary to prevent the substance\nor thing from being:\n(i) concealed, lost, damaged or destroyed; or\n(ii) used to commit the offence;\n(b) the substance or thing is connected with an offence against\nthis Act and the seizure is necessary to conduct tests to\nadduce evidence in a prosecution for the offence; or\n(c) the substance or thing poses a threat to human health or\nsafety.\n(2) After seizing a substance or thing under section 95(1)(f) or (g), a\nchemical adviser may:\n(a) take, or direct another person to take, the substance or thing\nto the place specified by the chemical adviser; or\n(b) give the directions about the handling and storage of the\nsubstance or thing that the chemical adviser considers\nappropriate.\n(3) A person must not, without the written consent of the Chemicals\nCoordinator:\n(a) interfere with or dispose of a substance or thing seized under\nsection 95(1)(f) or (g); or\n(b) remove a substance or thing seized under section 95(1)(f)\nor (g) from the premises in or on which it was seized or to\nwhich it was taken by or under the direction of the chemical\nadviser.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 63\n","sortOrder":97},{"sectionNumber":"97","sectionType":"section","heading":"Retention of substances and things seized","content":"97 Retention of substances and things seized\n(1) The following provisions apply in relation to a substance or thing\nseized under section 95(1)(f) or (g) because the substance or thing\nis connected with an offence against this Act:\n(a) the substance or thing must be held by the chemical adviser\nfor adducing evidence in a prosecution for an offence against\nthis Act unless the Chemicals Coordinator authorises the\nrelease of the substance or thing to its owner or the person\nwho had possession of the substance or thing immediately\nbefore it was seized;\n(b) if a prosecution for an offence against this Act is instituted\nwithin 12 months after the seizure and the defendant is found\nguilty, the court may order that:\n(i) the substance or thing be forfeited to the Territory; or\n(ii) the defendant pay to the Territory an amount equal to\nthe market value of the substance or thing when seized,\nbeing the value determined by the court;\n(c) if:\n(i) a prosecution for an offence against this Act is not\ninstituted within 12 months after the seizure; or\n(ii) on such a prosecution being instituted within that period,\nthe defendant is not found guilty or the court does not\nmake an order under paragraph (b),\nthe chemical adviser must release the substance or thing to its\nowner or the person who had possession of the substance or\nthing immediately before it was seized.\n(2) The following provisions apply in relation to a substance or thing\nseized under section 95(1)(g) because it poses a threat to human\nhealth or safety:\n(a) the chemical adviser must take steps to destroy, bury or\notherwise render harmless the substance or thing;\n(b) once the substance or thing has been rendered harmless,\nunless it has been destroyed or buried, the chemical adviser\nmust release the substance or thing to its owner or the person\nwho had possession of the substance or thing immediately\nbefore it was seized.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 64\n","sortOrder":98},{"sectionNumber":"98","sectionType":"section","heading":"Powers in relation to food-producing species","content":"98 Powers in relation to food-producing species\nFor the administration or enforcement of this Act in relation to an\nanimal of a food-producing species, in addition to the other powers\nunder this Act, a chemical adviser has the powers of an inspector\nunder the Livestock Act 2008.\n","sortOrder":99},{"sectionNumber":"99","sectionType":"section","heading":"Investigation of complaints","content":"99 Investigation of complaints\n(1) A person may lodge with the Chemicals Coordinator a complaint in\nthe approved form about the use by another person of a chemical\nproduct, fertiliser or stockfood.\n(2) As soon as practicable after the Chemicals Coordinator receives a\ncomplaint:\n(a) the Chemicals Coordinator must acknowledge in writing\nreceipt of the complaint and advise the complainant of the\nsteps being taken to investigate the complaint and when the\ninvestigation is likely to be completed; and\n(b) a chemical adviser must investigate the complaint and provide\na written report of the results of the investigation to the\n(3) As soon as practicable after receiving a report of the results of an\ninvestigation, the Chemicals Coordinator must advise the\ncomplainant of the outcome of the investigation but, in doing so,\nmust not reveal commercially sensitive information about the\nperson complained of.\n(4) This section does not affect the power of a chemical adviser to\ninvestigate a matter on his or her own initiative.\n","sortOrder":100},{"sectionNumber":"100","sectionType":"section","heading":"Power to require name and address","content":"100 Power to require name and address\n(1) A chemical adviser may require a person to state the person's\nname and address if the chemical adviser:\n(a) finds the person committing an offence against this Act; or\n(b) finds the person in circumstances that lead, or has information\nthat leads, the chemical adviser to suspect on reasonable\ngrounds that the person has recently committed an offence\nagainst this Act.\n(2) When requiring a person to state the person's name and address,\nthe chemical adviser must warn the person that it is an offence to\nfail to state the person's name and address unless the person has a\nreasonable excuse.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 65\n(3) The chemical adviser may require the person to give evidence of\nthe correctness of the person's name or address if the chemical\nadviser suspects, on reasonable grounds, that the name or address\ngiven is false.\n(4) A person must comply with a chemical adviser's requirement under\nsubsection (1) unless the person has a reasonable excuse.\nMaximum penalty for an offence against subsection (4):\nIf the offender is a natural person –\n","sortOrder":101},{"sectionNumber":"101","sectionType":"section","heading":"Obstruction etc. of chemical advisers","content":"101 Obstruction etc. of chemical advisers\n(a) obstruct or hinder a chemical adviser in the exercise of his or\nher powers under this Act; or\n(b) contravene a requirement or direction of a chemical adviser\nunder this Act,\nunless the person has a reasonable excuse.\n","sortOrder":102},{"sectionNumber":"102","sectionType":"section","heading":"False or misleading statements","content":"102 False or misleading statements\nA person must not, in purported compliance with a requirement\nunder this Act or for another reason, provide to a chemical adviser:\n(a) information that is, to the person's knowledge, false or\nmisleading in a material particular; or\n(b) a document containing information that is, to the person's\nknowledge, false or misleading in a material particular.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 66\n","sortOrder":103},{"sectionNumber":"103","sectionType":"section","heading":"Establishment","content":"103 Establishment\nThe Minister may establish one or more Advisory Committees to\ninquire into and report back to the Minister about any matter the\nMinister refers to the Committee relating to any of the following:\n(a) the use of chemical products;\n(b) the manufacture, sale and use of fertilisers or stockfoods;\n(c) the management of land or agricultural produce contaminated\nby chemicals;\n(d) the administration of this Act generally.\n","sortOrder":104},{"sectionNumber":"104","sectionType":"section","heading":"Membership","content":"104 Membership\n(1) An Advisory Committee must consist of:\n(a) the Chemicals Coordinator;\n(b) the Chief Executive Officer of the Agency primarily responsible\nfor health or an employee of that Agency authorised by that\nChief Executive Officer;\n(c) the Chief Executive Officer of the Agency primarily responsible\nfor the environment or an employee of that Agency authorised\nby that Chief Executive Officer;\n(d) the Chief Executive Officer of the Agency primarily responsible\nfor trade or an employee of that Agency authorised by that\nChief Executive Officer; and\n(e) any other persons the Minister considers appropriate to be\nmembers of the Committee and appoints in writing.\n(2) A member of an Advisory Committee appointed under\nsubsection (1)(e) holds office on the terms and conditions the\nMinister determines.\n(3) The Minister must appoint in writing a member of an Advisory\nCommittee to be the Chairperson of the Committee.\n","sortOrder":105},{"sectionNumber":"105","sectionType":"section","heading":"Invitation to public to make submissions","content":"105 Invitation to public to make submissions\nIf the Minister establishes an Advisory Committee, the Minister may\npublish in a newspaper circulating throughout the Territory a notice:\n(a) setting out the Committee's terms of reference; and\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 67\n(b) inviting members of the public to make submissions to the\nCommittee.\n","sortOrder":106},{"sectionNumber":"106","sectionType":"section","heading":"Procedure","content":"106 Procedure\n(1) Subject to this section, an Advisory Committee must determine its\nown procedure.\n(2) The Chairperson of an Advisory Committee must preside at all\nmeetings of the Committee at which he or she is present.\n(3) An Advisory Committee must keep minutes of its meetings.\n","sortOrder":107},{"sectionNumber":"107","sectionType":"section","heading":"Reports to be tabled in Legislative Assembly","content":"107 Reports to be tabled in Legislative Assembly\nThe Minister must lay a copy of a report received from an Advisory\nCommittee before the Legislative Assembly within 6 sitting days\nafter receiving it.\n","sortOrder":108},{"sectionNumber":"108","sectionType":"section","heading":"Protection from liability","content":"108 Protection from liability\n(1) This section applies to a person who is or has been:\n(a) the Chemicals Coordinator;\n(b) a chemical adviser;\n(c) a person assisting a chemical adviser under section 91; or\n(d) a member of an Advisory Committee.\n(2) The person is not civilly or criminally liable for an act done or\nomitted to be done by the person in good faith in the exercise or\npurported exercise of a power, or the performance or purported\nperformance of a function, under this Act.\n(3) Subsection (2) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n","sortOrder":109},{"sectionNumber":"109","sectionType":"section","heading":"Evidentiary certificates","content":"109 Evidentiary certificates\nA certificate purporting to be signed by the Chemicals Coordinator\nstating a matter under this Act is evidence of the matter.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 68\n","sortOrder":110},{"sectionNumber":"110","sectionType":"section","heading":"Conduct of directors, employees and agents","content":"110 Conduct of directors, employees and agents\n(1) If in a prosecution for an offence against this Act it is necessary to\nestablish the state of mind of a body corporate or a natural person\nin relation to particular conduct, it is sufficient to show that:\n(a) the conduct was engaged in by a director, employee or agent\nof the body corporate, or an employee or agent of the natural\nperson, within the scope of his or her actual or apparent\nauthority; and\n(b) the director, employee or agent had that state of mind.\n(2) For a prosecution for an offence against this Act, conduct engaged\nin on behalf of a body corporate or a natural person by a director,\nemployee or agent of the body corporate, or an employee or agent\nof the natural person, within the scope of his or her actual or\napparent authority is taken to have been engaged in also by the\nbody corporate or the natural person.\n(3) A natural person is not liable to be punished by imprisonment for an\noffence against this Act if the person would not have been found\nguilty of the offence if subsection (1) or (2) had not been enacted.\n(4) A reference in this section to engaging in conduct includes a\nreference to failing or refusing to engage in conduct.\n(5) A reference in this section to the director of a body corporate\nincludes a reference to a member of a body corporate incorporated\nfor a public purpose by a law of the Territory or another Australian\njurisdiction.\n","sortOrder":111},{"sectionNumber":"111","sectionType":"section","heading":"Criminal liability of executive officer of body corporate","content":"111 Criminal liability of executive officer of body corporate\n(1) An executive officer of a body corporate commits an offence if the\nbody corporate commits an offence by contravening a declared\nprovision (a relevant offence).\nMaximum penalty: The maximum penalty that may be imposed\non an individual for the relevant offence.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 69\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant:\n(a) was not in a position to influence the conduct of the body\ncorporate in relation to the contravention; or\n(b) took reasonable steps to prevent the contravention; or\n(c) did not know, and could not reasonably have been expected\nto know, that the contravention would happen.\n(4) In deciding whether the defendant took (or failed to take)\nreasonable steps to prevent the contravention, a court must\nconsider the following:\n(a) any action the defendant took directed towards ensuring the\nfollowing (to the extent the action is relevant to the\ncontravention):\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe declared provision;\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n(iii) the body corporate's employees, agents and contractors\nhad a reasonable knowledge and understanding of the\nrequirement to comply with the declared provision;\n(b) any action the defendant took when the defendant became\naware that the contravention was, or could be, about to\nhappen.\n(5) Subsection (4) does not limit the matters the court may consider.\n(6) This section does not affect the liability of the body corporate.\n(7) This section applies whether or not the body corporate is\nprosecuted for, or found guilty of, the relevant offence.\n(8) This section does not apply if the body corporate would have a\ndefence to a prosecution for the relevant offence.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 70\n(9) In this section:\ndeclared provision means:\n(a) section 13, 14(2), 20(1), 22(1), 26(1), 36(1), 38(1) or (3),\n39(1), 53(4), 54(2), 55(5), 79(3) or 87(2); or\n(b) a provision of the Regulations prescribed by regulation.\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\n","sortOrder":112},{"sectionNumber":"112","sectionType":"section","heading":"Limitation on making complaint","content":"112 Limitation on making complaint\nDespite section 52 of the Local Court (Criminal Procedure)\nAct 1928, a complaint for an offence against this Act may be made\nwithin 12 months after the Agency administering this Act became\naware of the commission of the offence.\n","sortOrder":113},{"sectionNumber":"113","sectionType":"section","heading":"Notice of defence to be served on prosecutor","content":"113 Notice of defence to be served on prosecutor\nA person charged with an offence against this Act who intends to\nrely on a defence available under this Act must give written notice\nof the intention to the prosecutor at least 14 days before the charge\nis heard.\n","sortOrder":114},{"sectionNumber":"114","sectionType":"section","heading":"Additional court orders","content":"114 Additional court orders\nIf a court finds a person guilty of an offence against this Act that\nresulted in harm to the environment or injury, loss or damage to\nanother person or to another person's property, in addition to the\npenalty that may otherwise be imposed for the offence, the court\nmay order the person:\n(a) to pay to the Territory the amount determined by the court to\nbe the reasonable costs and expenses incurred by the\nTerritory in taking action to remedy or mitigate the harm to the\nenvironment or to prevent further harm to the environment; or\n(b) to pay to another person the amount determined by the court\nas compensation for the injury, loss or damage to the other\nperson or the other person's property or for costs reasonably\nincurred by the person in taking action to mitigate or prevent\nthe injury, loss or damage,\nand may make the other orders the court considers necessary or\nconvenient for the enforcement of the order made under\nparagraph (a) or (b).\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 71\n","sortOrder":115},{"sectionNumber":"115","sectionType":"section","heading":"Reviewable decisions and affected persons","content":"115 Reviewable decisions and affected persons\n(1) Each of the decisions specified in the Schedule is a reviewable\ndecision.\n(2) Each of the persons specified in the Schedule opposite a\nreviewable decision is an affected person for the decision.\n","sortOrder":116},{"sectionNumber":"116","sectionType":"section","heading":"Notice of reviewable decisions","content":"116 Notice of reviewable decisions\n(1) The decision maker for a reviewable decision must, within 28 days\nafter making the decision, give the affected person written notice of\nthe decision.\n(2) The notice must:\n(a) set out the reasons for the decision;\n(b) state that the affected person may apply to the Local Court for\na review of the merits of the decision; and\n(c) specify the period allowed for applying for the review.\n(3) The validity of a reviewable decision is not affected by a\ncontravention of subsection (1) or (2).\n","sortOrder":117},{"sectionNumber":"117","sectionType":"section","heading":"Application for review","content":"117 Application for review\n(1) An affected person for a reviewable decision may apply to the Local\nCourt for a review of the merits of the decision.\n(2) The application must be made:\n(a) within 28 days after:\n(i) the day the person received notice of the decision in\naccordance with section 116; or\n(ii) if subparagraph (i) does not apply – the day the person\nbecame aware of the decision; or\n(b) within such further time as the Court allows.\n","sortOrder":118},{"sectionNumber":"118","sectionType":"section","heading":"Decision on review","content":"118 Decision on review\n(1) After reviewing the merits of a reviewable decision, the Local Court\nmay:\n(a) confirm the decision;\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 72\n(b) vary the decision; or\n(c) set the decision aside and substitute its own decision.\n(2) The Court may make the orders it considers appropriate to give\neffect to its decision.\n(3) The review must be by way of hearing de novo.\n(4) A decision under subsection (1)(b) or (c) is taken to be the decision\nmaker's decision.\n","sortOrder":119},{"sectionNumber":"119","sectionType":"section","heading":"Operation and implementation of reviewable decision","content":"119 Operation and implementation of reviewable decision\n(1) The making of an application under section 117 for a review of a\nreviewable decision does not affect the operation or implementation\nof the decision.\n(2) However, the Local Court may make an order staying or otherwise\naffecting the operation or implementation of so much of the decision\nas the Court considers appropriate to effectively hear and decide\nthe application.\n(3) The order:\n(a) is subject to the conditions specified in the order; and\n(b) has effect:\n(i) for the period specified in the order; or\n(ii) if no period is specified – until the Local Court has\ndecided the application.\n","sortOrder":120},{"sectionNumber":"120","sectionType":"section","heading":"Form of records","content":"120 Form of records\nA person who is required by this Act to keep a record must keep the\nrecord in a form (which may be an electronic form) that allows the\nrecord to be inspected on demand by a chemical adviser.\n100 penalty units\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 73\n","sortOrder":121},{"sectionNumber":"121","sectionType":"section","heading":"Altering or falsifying records","content":"121 Altering or falsifying records\nA person must not, with intent to deceive:\n(a) alter a record required to be kept by this Act; or\n(b) make a false or misleading entry in a record required to be\nkept by this Act.\nMaximum penalty: 50 penalty units.\n","sortOrder":122},{"sectionNumber":"122","sectionType":"section","heading":"Confidentiality","content":"122 Confidentiality\n(1) This section applies to the following persons:\n(a) a person who is or has been the Chemicals Coordinator or\nwho is or has been a chemical adviser;\n(b) a person who is or has been the Chief Executive Officer of the\nAgency administering this Act or who is or has been an\nemployee, within the meaning of the Public Sector\nEmployment and Management Act 1993, of that Agency;\n(c) a person who is or has been a member of an Advisory\nCommittee;\n(d) a person who holds or has held an appointment under\nsection 80 to prepare a remedial plan;\n(e) a person who is assisting or has assisted a chemical adviser\nunder section 91;\n(f) a person who is or has been otherwise involved in the\nadministration this Act.\n(2) A person must not directly or indirectly:\n(a) make a record of, or communicate to another person,\ninformation acquired by him or her because of involvement in\nthe administration of this Act; or\n(b) produce to a person, or permit a person to have access to, a\ndocument furnished to him or her under this Act,\nunless it is:\n(c) necessary for this Act; or\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 74\n(d) authorised or required by this Act or another law in force in the\n100 penalty units or imprisonment for\n6 months.\n","sortOrder":123},{"sectionNumber":"123","sectionType":"section","heading":"Compensation may be payable in certain circumstances","content":"123 Compensation may be payable in certain circumstances\n(1) This section applies in relation to a person required to comply with\na direction given under section 55 or 79.\n(2) The person may apply to the Chemicals Coordinator for\ncompensation because of the direction.\n(3) The application must be made within 6 months after the direction\nwas issued or within such further time as the Chemicals\nCoordinator allows.\n(4) Within 28 days after receiving the application, the Chemical\nCoordinator must:\n(a) determine the amount of compensation he or she considers\njust in all the circumstances; and\n(b) notify the person in writing of the determination and the\nreasons for it.\n(5) If the person is not notified in accordance with subsection (4)(b), the\nChemicals Coordinator is taken to have determined that no\ncompensation is payable.\n(6) If the person is dissatisfied with the determination of the Chemicals\nCoordinator (including a determination because of subsection (5)),\nthe person may apply to the Local Court for compensation because\nof the direction.\n(7) The application must be made:\n(a) within 28 days after:\n(i) the day the person receives notice of the determination\nin accordance with subsection (4)(b); or\n(ii) if subparagraph (i) does not apply – the day the\nChemicals Coordinator is taken under subsection (5) to\nhave determined that no compensation is payable; or\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 75\n(b) within such further time as the Court allows.\n(8) The Court may:\n(a) determine the amount of compensation it considers just in all\nthe circumstances; and\n(b) make the orders it considers appropriate to give effect to the\ndetermination, including an order setting aside the\ndetermination of the Chemicals Coordinator.\n(9) An amount of compensation determined under this section is\npayable by the Territory.\n","sortOrder":124},{"sectionNumber":"124","sectionType":"section","heading":"Acquisition on just terms","content":"124 Acquisition on just terms\nIf, but for this section, property is acquired under this Act otherwise\nthan on just terms:\n(a) the person from whom the property is acquired is entitled to\nthe compensation necessary to ensure the acquisition is on\njust terms; and\n(b) a court of competent jurisdiction may determine the amount of\ncompensation or make the orders it considers necessary to\nensure the acquisition is on just terms.\n","sortOrder":125},{"sectionNumber":"125","sectionType":"section","heading":"No liability for damage caused by compliance with Act","content":"125 No liability for damage caused by compliance with Act\n(1) This section applies to the following persons:\n(a) the Territory;\n(b) a person who is or has been the Chemicals Coordinator or\nwho is or has been a chemical adviser;\n(c) a person who is or has been the Chief Executive Officer of the\nAgency administering this Act or who is or has been an\nemployee, within the meaning of the Public Sector\nEmployment and Management Act 1993, of that Agency;\n(d) a person who is or has been involved in the administration this\nAct.\n(2) The person is not liable for injury, loss or damage arising directly or\nindirectly because:\n(a) a chemical product was used in a way that was authorised or\nrequired by this Act; or\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 76\n(b) a chemical product was not used, or was not used in a\nparticular way, in compliance with a requirement imposed by\nthis Act.\n","sortOrder":126},{"sectionNumber":"126","sectionType":"section","heading":"Determined fees","content":"126 Determined fees\nThe Minister may, by notice in the Gazette, determine fees payable\nunder this Act.\n","sortOrder":127},{"sectionNumber":"127","sectionType":"section","heading":"Eligible laws","content":"127 Eligible laws\nSections 22, 23, 25, 26, 27, 28, 29, 30, 31, 37, 48 and 50 of this Act\nare eligible laws for the definition of permit in section 109 of the\nAgvet Code.\n","sortOrder":128},{"sectionNumber":"128","sectionType":"section","heading":"Codes of practice for use of chemical products","content":"128 Codes of practice for use of chemical products\n(1) The Minister may, by notice in the Gazette, approve an instrument\nas in force at a particular time or from time to time as a code of\npractice for this Act.\n(2) The matters a code of practice may deal with include any of the\nfollowing:\n(a) the use of a chemical product or class of chemical products\ngenerally or in a particular way;\n(b) the use of a chemical product or class of chemical products by\nan agricultural industry or class of agricultural industries.\n(3) A notice published under subsection (1) must specify where copies\nof the approved code of practice may be inspected or purchased.\n(4) The Chemicals Coordinator must ensure that copies of the\napproved code of practice are available for inspection and purchase\nat the place specified in the notice.\n(5) A contravention of a code of practice does not of itself constitute an\noffence against this Act.\n(6) Before approving a code of practice, the Minister must:\n(a) give notice of the proposal to do so to the persons and in the\nway the Minister considers appropriate;\n(b) invite the persons to whom the notice is given to comment on\nthe proposal within the time and in the way the Minister\nconsiders appropriate; and\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 77\n(c) consider any comments received in accordance with the\nnotice.\n","sortOrder":129},{"sectionNumber":"129","sectionType":"section","heading":"Regulations","content":"129 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) The Regulations may deal with any of the following matters:\n(a) the prohibition or regulation of conduct relating to the\nmanufacture, possession, sale or use of a chemical product,\nfertiliser or stockfood;\n(b) the records to be kept in relation to the manufacture,\npossession, sale or use of a chemical product, fertiliser or\nstockfood;\n(c) the handling of chemical products;\n(d) the testing of substances and things.\n(3) The Regulations may prescribe standards for any of the following:\n(a) chemical products, fertilisers or stockfoods, including:\n(i) the manufacture or sale of chemical products, fertilisers\nor stockfoods;\n(ii) competency in the handling of chemical products; and\n(iii) the application of agricultural chemical products or\nfertilisers through irrigation systems;\n(b) the concentration of substances in agricultural produce,\nfertilisers or stockfoods;\n(c) the accreditation of laboratories, including standards about\nsampling, analysis and testing of substances and things by\naccredited laboratories;\n(d) soil quality or water quality.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 78\n(4) The Regulations may:\n(a) provide for the waiver (wholly or partly) of fees payable under\nthis Act;\n(b) provide for the refund (wholly or partly) of fees paid under this\nAct;\n(c) apply, adopt or incorporate (with or without modification) a\nmatter contained in another instrument as in force at a\nparticular time or from time to time;\n(d) prescribe for an offence against the Regulations a fine not\nexceeding:\n(i) if the offender is a natural person – 100 penalty units; or\n(ii) if the offender is a body corporate – 500 penalty units;\n(e) provide for the enforcement of a code of practice, including by\nproviding that a contravention of the code is an offence\nagainst the Regulations;\n(f) provide for an offence against this Act to be a regulatory\noffence; or\n(g) provide for the payment of a prescribed amount instead of a\npenalty that may otherwise be imposed for an offence against\nthis Act, the service of a notice relating to payment of the\namount on a person alleged to have committed the offence\nand the particulars to be included in the notice.\n(5) The Regulations may:\n(a) confer a discretion on the Chemicals Coordinator;\n(b) make different provision in relation to:\n(i) different persons or matters; or\n(ii) different classes of persons or matters; or\n(c) apply differently by reference to stated exceptions or factors.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 79\n","sortOrder":130},{"sectionNumber":"130","sectionType":"section","heading":"Definitions","content":"130 Definitions\nIn this Part:\ncommencement day means the day on which this Part\ncommences.\nperiod of grace means the 6 months immediately after the\ncommencement day.\npest control operator's licence means a licence that was in force\nunder Part XI of the Poisons and Dangerous Drugs Act 1983\nimmediately before the commencement day and authorises\nagricultural chemical spraying for a purpose other than domestic\nand commercial pest control.\nS7 authorization means an authorization that was in force under\nsection 53 of the Poisons and Dangerous Drugs Act 1983\nimmediately before the commencement day and authorises the\npossession and use of an S7 chemical product.\n131 S7 authorizations\nAn S7 authorization is taken to be an authorisation issued under\nPart 4 of the Regulations.\n132 Pest control operator's licences\n(1) A pest control operator's licence continues in force until:\n(a) if the holder of the pest control operator's licence applies\nduring the period of grace for a licence under Part 5,\n","sortOrder":131},{"sectionNumber":"Div 2","sectionType":"division","heading":"and the licence is granted – 1 July immediately","content":"Division 2 and the licence is granted – 1 July immediately\nfollowing the date of grant;\n(b) if the holder of the pest control operator's licence applies\nduring the period of grace for a licence under Part 5,\nDivision 2 and the grant of the licence is refused:\n(i) the end of the day on which the holder is notified in\naccordance with section 116 of the refusal; or\n(ii) the end of the period of grace,\nwhichever occurs last; or\n\n","sortOrder":132},{"sectionNumber":"Part 14","sectionType":"part","heading":"Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015","content":"Part 14 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 80\n(c) if paragraphs (a) and (b) do not apply – the end of the period\nof grace.\n(2) The Poisons and Dangerous Drugs Act 1983 as in force\nimmediately before the commencement day applies in relation to\nthe holder of a pest control operator's licence while the licence\ncontinues in force by virtue of subsection (1).\nPart 14 Transitional matters for Statute Law\nAmendment (Directors' Liability) Act 2015\n","sortOrder":133},{"sectionNumber":"133","sectionType":"section","heading":"Offences – before and after commencement","content":"133 Offences – before and after commencement\n(1) Section 111, as inserted by the Statute Law Amendment (Directors'\nLiability) Act 2015, (the new section) applies in relation to a\nrelevant offence committed by a body corporate after the\ncommencement of Part 2, Division 1 of that Act (the\ncommencement) only if:\n(a) all the conduct constituting the relevant offence occurred after\nthe commencement; and\n(b) all the conduct of the executive officer constituting the offence\nagainst the new section occurred after the commencement.\n(2) Section 111, as in force before the commencement:\n(a) continues to apply in relation to offences committed by a body\ncorporate before the commencement; and\n(b) applies in relation to relevant offences committed by a body\ncorporate after the commencement to which, as a result of\nsubsection (1), the new section does not apply.\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 81\nsection 115\nA decision under section 54:\n(a) to direct a manufacturer or\nwholesale distributor to withdraw a\nchemical product, fertiliser or\nstockfood from sale;\n(b) to take specified action to recover\nsupplies of a chemical product,\nfertiliser or stockfood; or\n(c) to deal with supplies of a chemical\nproduct, fertiliser or stockfood in a\nspecified manner\nThe manufacturer or\nwholesale distributor\nA decision under section 55 to direct a\nperson to deal with a chemical product,\nfertiliser, stockfood or agricultural\nproduce in a specified manner or within a\nspecified period\nThe person given the\nA decision under section 63 to grant or\nrefuse to grant a licence\nThe applicant for the\nlicence\nA decision under section 65 to renew or\nrefuse to renew a licence\nA decision under section 66 to vary or\nrefuse to vary the conditions to which a\nlicence is subject\nA decision under section 69(1) to cancel\na licence\nA decision under section 69(1) or (4) to\nsuspend a licence\nA decision under 69(5) to extend the\nsuspension of a licence\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 82\nA decision under section 79 to direct a\ngrower:\n(a) to take specified measures to\nreduce the concentration of a\nsubstance in agricultural produce;\nor\n(b) to implement a remedial plan in\nrelation to agricultural produce\nThe grower given the\nA decision under section 80 to approve a\ndraft remedial plan\nThe grower given the\ndirection under section 79\nto implement the remedial\nplan\nA decision under section 87 to direct a\nperson to take specified action or stop or\nnot commence specified action\nThe person given the\nA decision made under the Regulations\nthat is declared by the Regulations to be\na reviewable decision\nThe person declared by the\nRegulations to be the\naffected person for the\ndecision\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 83\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 (Act No. 35, 2004)\nAssent date 4 June 2004\nCommenced 16 May 2005 (exc s 58(2)(c) and (d): rep by Act No. , 2023))\n(Gaz S16, 16 May 2005)\nLivestock Act 2008 (Act No. 36, 2008)\nAssent date 8 December 2008\nCommenced 1 September 2009 (Gaz G34, 26 August 2009, p 3)\nStatute Law Revision Act 2009 (Act No. 25, 2009)\nAssent date 1 September 2009\nCommenced 16 September 2009 (Gaz G37, 16 September 2009, p 3)\nHealth Practitioner (National Uniform Legislation) Implementation Act 2010 (Act No. 18,\n2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (s 2)\nPersonal Property Securities (National Uniform Legislation) Implementation Act 2010\n(Act No. 30, 2010)\nAssent date 9 September 2010\nCommenced ss 58 to 60: 30 January 2012 (S 2, 24 January 2012);\nrem: 25 November 2011 (Gaz,S68, 25 November 2011)\nPenalties Amendment (Children and Families, Health and Primary Industry, Fisheries\nand Resources) Act 2011 (Act No. 28, 2011)\nAssent date 31 August 2011\nCommenced 21 September 2011 (Gaz G38, 21 September 2011, p 4)\nMedicines, Poisons and Therapeutic Goods Act 2012 (Act No. 13, 2012)\nAssent date 27 April 2012\nCommenced 1 May 2014 (Gaz S22, 2014, p 12)\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 84\nStatute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015)\nAssent date 18 September 2015\nCommenced 14 October 2015 (Gaz G41, 14 October 2015, p 3)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nStatute Law Revision Act 2023 (Act No. 4, 2023)\nAssent date 2 March 2023\nCommenced 3 March 2023 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 12, 25, 51, 61, 77, 82,\n90, 98, 112, 122, 125, 130 and 132.\n4 LIST OF AMENDMENTS\ns 4 amd No. 25, 2009, s 3; No. 18, 2010, s 89\nss 13 – 14 amd No. 28, 2011, s 5\ns 17 amd No. 25, 2009, s 3; No. 28, 2011, s 5\nss 18 – 19 amd No. 25, 2009, s 3; No. 28, 2011, s 5\ns 20 amd No. 28, 2011, s 5\nss 21 – 23 amd No. 25, 2009, s 3; No. 28, 2011, s 5\ns 24 amd No. 28, 2011, s 5\ns 25 amd No. 25, 2009, s 3; No. 28, 2011, s 5; No. 13, 2012, s 304\nss 26 – 28 amd No. 25, 2009, s 3; No. 28, 2011, s 5\nss 29 – 31 amd No. 28, 2011, s 5\ns 32 amd No. 25, 2009, s 3\ns 33 amd No. 25, 2009, s 3; No. 28, 2011, s 5\nss 34 – 35 amd No. 28, 2011, s 5\nss 36 – 37 amd No. 25, 2009, s 3; No. 28, 2011, s 5\ns 38 amd No. 36, 2008, s 147; No. 28, 2011, s 5\ns 39 amd No. 28, 2011, s 5\nss 40 – 41 amd No. 25, 2009, s 3; No. 28, 2011, s 5\nss 42 – 47 amd No. 28, 2011, s 5\nss 48 – 51 amd No. 25, 2009, s 3; No. 28, 2011, s 5\nss 52 – 57 amd No. 28, 2011, s 5\ns 58 amd No. 28, 2011, s 5; No. 4, 2023, s 23\nss 59 – 60 amd No. 28, 2011, s 5\ns 61 amd No. 13, 2012, s 304\ns 70A ins No. 30, 2010, s 25\nss 71 – 73 amd No. 28, 2011, s 5\ns 76 amd No. 28, 2011, s 5\ns 79 amd No. 28, 2011, s 5\n\nAgricultural and Veterinary Chemicals (Control of Use) Act 2004 85\ns 86 amd No. 25, 2009, s 3; No. 4, 2017, s 34\ns 87 amd No. 28, 2011, s 5\ns 92 amd No. 28, 2011, s 5\ns 96 amd No. 28, 2011, s 5\ns 98 amd No. 36, 2008, s 147\nss 100 – 102 amd No. 28, 2011, s 5\ns 111 sub No. 26, 2015, s 4\ns 112 amd No. 8, 2016, s 45\nss 120 – 122 amd No. 28, 2011, s 5\npt 14 hdg exp No. 35, 2004, s 142\nins No. 26, 2015, s 5\ndiv 1 hdg exp No. 35, 2004, s 142\ns 133 exp No. 35, 2004, s 142\nins No. 26, 2015, s 5\nss 134 – 140 exp No. 35, 2004, s 142\ndiv 2 hdg exp No. 35, 2004, s 142\ns 141 exp No. 35, 2004, s 142\ndiv 3hdg exp No. 35, 2004, s 142\ns 142 exp No. 35, 2004, s 142","sortOrder":134}],"analysis":{"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"33(2)","severity":"medium","reasoning":"Section 33(2) applies when a veterinarian ‘recommends or supplies’ a product specified in section 32(1), but requires information to be given to ‘the person to whom the product is being supplied’. A recommendation can occur without any product being supplied; on that path, there is no person to whom the product is being supplied.","confidence":0.88,"description":"The recommendation-only path can have no recipient matching the provision’s required description.","source_quotes":["A veterinarian who recommends or supplies a veterinary chemical\nproduct specified in section 32(1) must give the person to whom the\nproduct is being supplied the information prescribed by","otherwise providing the information in writing to the person\nwhen the veterinarian recommends or supplies the product."]}],"contradictions":[]},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":4096},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains within its original broad purpose of controlling agricultural and veterinary chemicals, fertilisers, and stockfoods to protect health, the environment, and trade. While subsequent amendments have updated penalties, aligned definitions with national health practitioner registration schemes, and inserted modern corporate liability provisions (Part 14), these changes refine and operationalise the existing scope rather than expand it into new substantive areas."},"complexity_factors":["Over 40 defined terms in the central interpretation section (section 4), with additional technical definitions for agricultural products, veterinary products, fertilisers, stockfoods, and aquatic life spread across sections 5–10.","Extensive cross-referencing to external legislation, including the Commonwealth Agvet Code, Agvet Regulations, Civil Aviation Act, Therapeutic Goods Act, and various Northern Territory Acts (Land Title, Waste Management, Livestock).","Nested conditional logic and exceptions to exceptions, particularly regarding off-label use (e.g., section 22 allows certain off-label uses generally, but section 22(4) removes that allowance for restricted chemical products).","Multiple parallel licensing regimes with distinct eligibility criteria, conditions, renewal processes, and cancellation grounds for ground spraying businesses, ground spray applicators, aerial spraying businesses, and pilots (Part 5, Division 2).","Differentiated penalty structures distinguishing between natural persons and body corporates (e.g., 200 vs 1,000 penalty units), plus specific executive officer liability provisions (section 111) and designated 'regulatory offences' (strict liability).","Complex administrative enforcement provisions including powers of entry, search, seizure, sample retention, and the ability to issue directions that themselves create offences if disobeyed (Part 9, Division 2)."],"plain_english_summary":"**What this legislation does**\n\nThis Northern Territory law regulates how agricultural chemicals (like pesticides and herbicides) and veterinary medicines are used, stored, and sold. It also controls the manufacture and sale of fertilisers and animal feed (called *stockfood*). The main goal is to ensure farming is sustainable and safe—protecting human health, animal welfare, the environment, and the Territory’s export markets.\n\n**Who it affects**\n\n*   **Farmers and graziers** who spray crops or treat livestock.\n*   **Veterinarians** who prescribe or administer animal medicines, especially for animals raised for food (cattle, sheep, pigs, etc.).\n*   **Commercial spraying operators** including ground spray contractors and aerial spray pilots.\n*   **Manufacturers, wholesalers, and sellers** of chemicals, fertilisers, and stockfood.\n*   **Landowners** whose property is contaminated by chemicals.\n\n**Key rules you should know**\n\n*   **Follow the label**: You must read the label before using any chemical and follow its instructions exactly. You can only use a chemical differently if you hold a specific permit.\n*   **Withholding periods**: After treating food-producing animals or crops, you must wait a specified time before slaughtering, harvesting, or collecting milk/eggs. This ensures chemical residues drop to safe levels.\n*   **Licensing for spray contractors**: Businesses and individuals who spray chemicals for payment need a licence from the Chemicals Coordinator. Pilots spraying from aircraft need a special chemical rating licence.\n*   **Veterinary controls**: Only registered vets can generally prescribe medicines in ways not allowed by the label, but they must provide detailed written instructions and keep records. There are strict security and record-keeping rules for injectable anabolic steroids (performance-enhancing drugs).\n*   **Container safety**: Chemicals must be kept in suitable, labelled containers. You cannot reuse empty chemical containers for other purposes unless they are professionally cleaned and relabelled.\n*   **Contaminated land**: If land is polluted by chemicals, the Minister can order the owner to clean it up, destroy contaminated crops, or follow a remedial plan. These restrictions can be registered on the land title (a public record).\n*   **Enforcement powers**: The Chemicals Coordinator and chemical advisers can enter properties (except private homes without consent), inspect chemicals, seize unsafe products, and issue orders to stop dangerous activities.\n\n**Why it matters**\n\nThe law keeps toxic residues out of meat, dairy, and produce that people consume. It also protects neighbouring properties from harmful spray drift and maintains the Territory’s reputation as a safe food producer, which is essential for selling products interstate and overseas. Breaking these rules can result in heavy fines, licence cancellation, or court orders to pay for environmental cleanup."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act's scope corresponds to the purposes set out in section 3: controlling possession, sale and use of agricultural and veterinary chemicals and managing contaminated land and emergencies. The text (including transitional and amendment endnotes) records updates and operational detail, but the statutory scope as expressed in the Act remains focused on those regulatory aims (see s3; ss53–55; ss78–84)."},"complexity_factors":["Wide subject matter: regulates chemical products, veterinary products, fertilisers, stockfoods, contaminated land and agricultural emergencies (s3; ss5–10; ss78–84).","Layered obligations and sanctions: general duties, product/label rules, withholding periods, licence conditions and varied penalties including regulatory offences (ss13–14; ss17–26; ss22–24; Part 5).","Detailed veterinary regime: prescriptions, written instructions, withholding periods, record keeping and specific liability for residues (ss25–41; ss33–36; s40; s41).","Multiple licensing streams with technical prerequisites and medical checks for spray operators, pilots and businesses (ss57–66; s70).","Significant administrative discretion: Ministerial powers to prohibit or condition products, order recalls or remedial action, declare control areas and emergencies (ss53–55; ss74–76; ss79–84).","Enforcement and investigatory powers: chemical advisers' powers of entry, inspection, sampling, seizure and retention, with related protections and evidentiary rules (ss93–99; ss95–97; ss108–109).","Interplay with external instruments: relies on Agvet Code/Regulations, standards, permits and delegated regulations—creates cross‑references and delegated rulemaking (s3(1)(b); s4 definitions; ss127–129).","Administrative review and remedies: defined reviewable decisions, Local Court de novo review, compensation and cost‑recovery provisions (Part 11; ss114; s123).","Record and confidentiality regimes plus specific regimes for injectable anabolic steroids (ss42–47; ss120–122), increasing compliance burden and sectoral specificity."],"plain_english_summary":"This Act establishes rules for the possession, labelling, storage, supply, prescription and use of agricultural and veterinary chemicals, fertilisers and stockfoods in the Northern Territory. It creates licensing for spraying operations, record‑keeping and reporting duties (especially for veterinarians and spray operators), inspection and seizure powers, and Ministerial and Chemicals Coordinator powers to restrict products, declare control areas or emergencies, and order remedial action. It affects farmers, vets, pharmacists, manufacturers, distributors, spray operators and regulators because non‑compliance brings fines, licence action and directions that carry costs and operational limits."}},"importantCases":[],"_links":{"self":"/api/acts/agricultural-and-veterinary-chemicals-control-of-use-act-2004","history":"/api/acts/agricultural-and-veterinary-chemicals-control-of-use-act-2004/history","analysis":"/api/acts/agricultural-and-veterinary-chemicals-control-of-use-act-2004/analysis","conflicts":"/api/acts/agricultural-and-veterinary-chemicals-control-of-use-act-2004/conflicts","importantCases":"/api/acts/agricultural-and-veterinary-chemicals-control-of-use-act-2004/important-cases","documents":"/api/acts/agricultural-and-veterinary-chemicals-control-of-use-act-2004/documents"}}