{"id":"sr:agricultural-and-veterinary-chemicals-control-use-infringement-notices","name":"Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2023","slug":"agricultural-and-veterinary-chemicals-control-of-use-infringement-notices-regulations-2023","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183530,"registerId":"vic-sr:agricultural-and-veterinary-chemicals-control-use-infringement-notices-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2023","content":"Version No. 002\n\n**Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2023**\n\n**S.R. No. 126/2023**\n\nVersion incorporating amendments as at  \n7 December 2025\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocations 1\n\n5 Definition 2\n\n6 Prescribed infringement offences 2\n\n7 Prescribed infringement penalties 2\n\nSchedule 1—Prescribed infringement offences and infringement penalties 3\n\n═════════════\n\nEndnotes 8\n\n1 General information 8\n\n2 Table of Amendments 10\n\n3 Explanatory details 11\n\n**Version No.** **002**\n\n**Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2023**\n\n**S.R. No. 126/2023**\n\nVersion incorporating amendments as at  \n7 December 2025\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe—\n\n(a) offences for which infringement notices may be served; and\n\n(b) infringement penalties for those infringement offences.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 76 of the **Agricultural and Veterinary Chemicals (Control of Use) Act 1992**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 9 December 2023.\n\n\t4 Revocations\n\nThe following Regulations are **revoked**—\n\n(a) the Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2013[[1]](#endnote-1);\n\n(b) the Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Amendment Regulations 2014[[2]](#endnote-2);\n\n(c) the Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Amendment Regulations 2017[[3]](#endnote-3).\n\n\t5 Definition\n\nIn these Regulations—\n\n***the Act*** means the **Agricultural and Veterinary Chemicals (Control of Use) Act 1992**.\n\n\t6 Prescribed infringement offences\n\n(1) For the purposes of section 69(1) of the Act, an offence specified in Column 2 of Schedule 1 is prescribed as an infringement offence.\n\n(2) An offence against section 18(1), 20(1), 20(3), 21, 32(1) or 32(2) of the Act is not an infringement offence if it is allegedly committed by a corporation.\n\n\t7 Prescribed infringement penalties\n\nFor the purposes of section 69(1) of the Act, the prescribed infringement penalty for an infringement offence is the penalty set out in Column 3 of Schedule 1 in respect of the corresponding infringement offence set out in Column 2 of Schedule 1.\n\nSchedule 1—Prescribed infringement offences and infringement penalties\n\nRegulations 6 and 7\n\nPart 1—Offences against the Act\n\n| *Column 1*<br>*Item* | *Column 2*<br>*Infringement offence* | *Column 3*<br>*Infringement penalty* |\n| --- | --- | --- |\n| 1 | Subject to regulation 6(2), an offence against section 18(1) of the Act | 5 penalty units |\n| 2 | An offence against section 18(4) of the Act | In the case of a corporation, 5 penalty units<br>In any other case, 3 penalty units |\n| 3 | An offence against section 19(6) of the Act | In the case of a corporation, 5 penalty units<br>In any other case, 3 penalty units |\n| 4 | Subject to regulation 6(2), an offence against section 20(1) of the Act | 5 penalty units |\n| 5 | Subject to regulation 6(2), an offence against section 20(3) of the Act | 5 penalty units |\n| 6 | Subject to regulation 6(2), an offence against section 21 of the Act | 5 penalty units |\n| 7 | An offence against section 30(1) of the Act | 5 penalty units |\n| 8 | Subject to regulation 6(2), an offence against section 32(1) of the Act | 5 penalty units |\n| 9 | Subject to regulation 6(2), an offence against section 32(2) of the Act | 5 penalty units |\n| 10 | An offence against section 42(1) of the Act | 5 penalty units |\n| 11 | An offence against section 42(2) of the Act | 5 penalty units |\n| 12 | An offence against section 42(3) of the Act | 5 penalty units |\n| 13 | An offence against section 48(2) of the Act | 5 penalty units |\n| 14 | An offence against section 49(4) of the Act | 5 penalty units |\n| 15 | An offence against    section 52AA of the Act | 4 penalty units |\n| 16 | An offence against section 54J of the Act | In the case of a corporation, 5 penalty units<br>In any other case, 2 penalty units |\n| 17 | An offence against section 55(3) of the Act | 5 penalty units |\n| 18 | An offence against section 56(3) of the Act | 5 penalty units |\n| 19 | An offence against section 58(4) of the Act | 5 penalty units |\n| 20 | An offence against section 62(2) of the Act | In the case of a corporation, 5 penalty units<br>In any other case, 2 penalty units |\n| 21 | An offence against section 67A(1) of the Act | 4 penalty units |\n| 22 | An offence against section 67B(1) of the Act | 1 penalty unit |\n\n\nPart 2—Offences against the Agricultural and Veterinary Chemicals (Control of Use) Regulations 2017\n\n| *Column 1*<br>*Item* | *Column 2*<br>*Infringement offence* | *Column 3*<br>*Infringement penalty* |\n| --- | --- | --- |\n| 1 | An offence against regulation 6(2) of the Agricultural and Veterinary Chemicals (Control of Use) Regulations 2017 | 2 penalty units |\n| 2 | An offence against regulation 6(3) of the Agricultural and Veterinary Chemicals (Control of Use) Regulations 2017 | 2 penalty units |\n| 3 | An offence against regulation 7(2) of the Agricultural and Veterinary Chemicals (Control of Use) Regulations 2017 | 2 penalty units |\n| 4 | An offence against regulation 7(3) of the Agricultural and Veterinary Chemicals (Control of Use) Regulations 2017 | 2 penalty units |\n| 5 | An offence against regulation 8(2) of the Agricultural and Veterinary Chemicals (Control of Use) Regulations 2017 | 3 penalty units |\n| 6 | An offence against regulation 8(3) of the Agricultural and Veterinary Chemicals (Control of Use) Regulations 2017 | 3 penalty units |\n| 7 | An offence against regulation 12(1) of the Agricultural and Veterinary Chemicals (Control of Use) Regulations 2017 | 3 penalty units |\n| 8 | An offence against regulation 12(2) of the Agricultural and Veterinary Chemicals (Control of Use) Regulations 2017 | 2 penalty units |\n| 9 | An offence against regulation 16 of the Agricultural and Veterinary Chemicals (Control of Use) Regulations 2017 | 3 penalty units |\n\n\nSch. 1 Pt 3 substituted by S.R. No. 120/2025 reg. 5.\n\nPart 3—Offences against the Agricultural and Veterinary Chemicals (Control of Use) (Ruminant Feed) Regulations 2025\n\n| *Column 1*<br>*Item* | *Column 2*<br>*Infringement offence* | *Column 3*<br>*Infringement penalty* |\n| --- | --- | --- |\n| 1 | An offence against regulation 9(1) of the Agricultural and Veterinary Chemicals (Control of Use) (Ruminant Feed) Regulations 2025 | 2 penalty units |\n| 2 | An offence against regulation 9(2) of the Agricultural and Veterinary Chemicals (Control of Use) (Ruminant Feed) Regulations 2025 | 2 penalty units |\n| 3 | An offence against regulation 9(3) of the Agricultural and Veterinary Chemicals (Control of Use) (Ruminant Feed) Regulations 2025 | 2 penalty units |\n|  |  |  |\n|  |  |  |\n| 4 | An offence against regulation 10(1) of the Agricultural and Veterinary Chemicals (Control of Use) (Ruminant Feed) Regulations 2025 | 5 penalty units |\n| 5 | An offence against regulation 10(2) of the Agricultural and Veterinary Chemicals (Control of Use) (Ruminant Feed) Regulations 2025 | 5 penalty units |\n| 6 | An offence against regulation 10(3) of the Agricultural and Veterinary Chemicals (Control of Use) (Ruminant Feed) Regulations 2025 | 5 penalty units |\n\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2023, S.R. No. 126/2023 were made on 5 December 2023 by the Administrator of the State of Victoria as the Governor's deputy, with the advice of the Executive Council, under section 76 of the **Agricultural and Veterinary Chemicals (Control of Use) Act 1992**, No. 46/1992 and came into operation on 9 December 2023: regulation 3.\n\nThe Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2023 will sunset 10 years after the day of making on 5 December 2033 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2023 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nAgricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Amendment Regulations 2025, S.R. No. 120/2025\n\n| *Date of Making:* | 25.11.25 |\n| --- | --- |\n| *Date of Commencement:* | 7.12.25: reg. 3 |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. Reg. 4(a): S.R. No. 156/2013 as amended by S.R. Nos 183/2014 and 69/2017. [↑](#endnote-ref-1)\n\n2. Reg. 4(b): S.R. No. 183/2014. [↑](#endnote-ref-2)\n\n3. Reg. 4(c): S.R. No. 69/2017.\n\n  ——\n\n  **Penalty Units**\n\n  These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the **Sentencing Act 1991**. The amount of the penalty is to be calculated, in accordance with section 7 of the **Monetary Units Act 2004**, by multiplying the number of penalty units applicable by the value of a penalty unit.\n\n  The value of a penalty unit for the financial year commencing 1 July 2025 is $203.51. The amount of the calculated penalty may be rounded to the nearest dollar.\n\n  The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. [↑](#endnote-ref-3)","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available text, the regulation appears to do exactly what its title suggests — establish an infringement notice scheme for the existing Control of Use legislation. There is no evidence of scope creep or departure from the original stated intent. It is a straightforward procedural instrument."},"complexity_factors":["Narrow, specific subject matter limited to infringement notice procedures","Operates as a subordinate regulation under a parent Act, so understanding requires familiarity with the primary legislation","Technical chemical compliance context may be unfamiliar to general readers","The provided text is largely metadata/version history with minimal substantive content visible, limiting full analysis","Interaction with broader agvet regulatory framework (including Commonwealth overlay) adds a layer of background complexity"],"plain_english_summary":"This regulation lets authorised inspectors issue on‑the‑spot infringement notices (fines) for certain breaches of Victoria’s rules on agricultural and veterinary chemical use, rather than pursuing court prosecutions. It affects farmers, agribusinesses, animal owners and vets who apply or supply pesticides, fertilisers or veterinary medicines. The change speeds enforcement of misuse that can harm food safety, animal welfare and the environment."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The original 2023 Regulations covered infringement offences under the parent Act and the 2017 Regulations. The 2025 amendment (S.R. No. 120/2025) added Part 3, extending the scheme to cover offences under the new Agricultural and Veterinary Chemicals (Control of Use) (Ruminant Feed) Regulations 2025. This expands the scope beyond the original agricultural and veterinary chemical use controls to include specific feed safety rules designed to prevent bovine spongiform encephalopathy (mad cow disease)."},"complexity_factors":["Short instrument: only 7 regulations plus a schedule","Single defined term ('the Act')","Straightforward tabular structure in Schedule 1 listing 31 offences across three Parts","Simple conditional logic: only one substantive condition (regulation 6(2) excluding corporations from certain offences)","No nested exceptions or complex cross-referencing beyond pointing to sections of the parent Act and two other regulations","Penalty calculations rely on external statutes (Sentencing Act 1991, Monetary Units Act 2004) but this is standard for Victorian subordinate legislation"],"plain_english_summary":"These Regulations set out a system of on-the-spot fines (called **infringement notices**) for people and companies who break certain chemical safety laws in Victoria.\n\n**What this means in practice:**\n- If someone breaches rules about using agricultural or veterinary chemicals (like pesticides, herbicides, or animal medicines), they can be issued with an infringement notice instead of being taken to court.\n- The Regulations list exactly which offences can be dealt with this way and how much the fine will be.\n\n**Who it affects:**\n- **Farmers and agricultural workers** who use chemicals on crops or livestock\n- **Veterinarians and animal handlers** using veterinary medicines\n- **Companies** that manufacture, supply, or use agricultural chemicals\n- **Feed suppliers** (following a 2025 update that added rules about ruminant feed—feed for cattle, sheep, and other grazing animals)\n\n**Key details:**\n- **Corporations are treated differently:** For some serious offences, companies cannot be given infringement notices—they must be prosecuted in court instead (see regulation 6(2)).\n- **Penalty amounts vary:** Most fines are 2–5 penalty units (roughly $400–$1,000 based on current values), with some lower for individuals and higher for companies.\n- **It replaces older rules:** This 2023 version revoked three earlier sets of regulations from 2013, 2014, and 2017.\n- **It was updated in 2025:** A new Part 3 was added to cover offences under the Ruminant Feed Regulations, which help prevent mad cow disease by controlling what goes into animal feed.\n\n**Why it matters:**\nInfringement notices give regulators a quick, low-cost way to enforce chemical safety rules without clogging up courts. This helps ensure chemicals are used safely around food, animals, and the environment, while keeping minor breaches out of the formal court system."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Yes. The Regulations revoke earlier infringement‑notice rules (reg 4) and update the list of prescribed infringement offences and penalties (Schedule 1). Amendments include addition of offences under the Agricultural and Veterinary Chemicals (Control of Use) (Ruminant Feed) Regulations 2025 (Sch.1 Pt 3 substituted by S.R. No. 120/2025 reg.5) and explicit carve‑outs preventing certain offences from being dealt with by infringement notice when allegedly committed by a corporation (reg 6(2))."},"complexity_factors":["Cross‑references to the principal Act (Agricultural and Veterinary Chemicals (Control of Use) Act 1992) and multiple subordinate regulations (regs 6–7; Sch.1) increase legal navigation burden.","Different penalty amounts depending on offender type (corporation v individual) for several offences require classification of the alleged offender (Sch.1).","Penalty amounts are expressed in penalty units whose monetary value is fixed elsewhere and varies by year (Sentencing Act 1991; Monetary Units Act 2004) (endnotes).","Schedule structure across three Parts (Act offences; 2017 Regulations; 2025 Ruminant Feed Regulations) and recent amendment/substitution create versioning complexity (Sch.1 Pt 3 substituted by S.R. No. 120/2025 reg.5).","Revocation of prior instrument versions (reg 4) means users must confirm they are consulting the current consolidated rule.","Operational discretion under the enabling Act for issuing infringement notices (section 69(1) of the Act) is engaged but not detailed here, creating implementation reliance on the regulator’s procedures."],"plain_english_summary":"These Regulations specify which offences under the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 and related regulations may be dealt with by infringement notices, and set the fixed penalties for each in penalty units (regs 6–7; Schedule 1).  They apply to people and corporations who use, supply or handle agricultural and veterinary chemicals: most listed breaches attract a set fine payable instead of court proceedings, but several offences cannot be dealt with by infringement notice if allegedly committed by a corporation (reg 6(2)); penalty amounts are calculated by reference to penalty units (endnotes)."}},"importantCases":[],"_links":{"self":"/api/acts/agricultural-and-veterinary-chemicals-control-of-use-infringement-notices-regulations-2023","history":"/api/acts/agricultural-and-veterinary-chemicals-control-of-use-infringement-notices-regulations-2023/history","analysis":"/api/acts/agricultural-and-veterinary-chemicals-control-of-use-infringement-notices-regulations-2023/analysis","conflicts":"/api/acts/agricultural-and-veterinary-chemicals-control-of-use-infringement-notices-regulations-2023/conflicts","importantCases":"/api/acts/agricultural-and-veterinary-chemicals-control-of-use-infringement-notices-regulations-2023/important-cases","documents":"/api/acts/agricultural-and-veterinary-chemicals-control-of-use-infringement-notices-regulations-2023/documents"}}