{"id":"tas:sr-2001-155","name":"Agricultural and Veterinary Chemicals (Control of Use) Order (No. 3) 2001","slug":"agricultural-and-veterinary-chemicals-control-of-use-order-no-3-2001","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"155 of 2001","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":318634,"registerId":"tas-tas:sr-2001-155-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This order may be cited as the [Agricultural and Veterinary Chemicals (Control of Use) Order (No. 3) 2001](/view/html/inforce/2026-04-12/sr-2001-155) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on the day on which its making is notified in the *Gazette*.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In this order –\n> > \n> > > ***Act*** means the [Agricultural and Veterinary Chemicals (Control of Use) Act 1995](/view/html/inforce/2026-04-12/act-1995-106) ;\n> > \n> > > ***permit*** means a permit granted and in force under the Act;\n> > \n> > > ***sell*** includes –\n> > > \n> > > > > (a) any method of disposition for valuable consideration; and\n> > > > \n> > > > > (b) barter or exchange; and\n> > > > \n> > > > > (c) the disposition to an agent for sale on consignment; and\n> > > > \n> > > > > (d) offering or attempting to sell; and\n> > > > \n> > > > > (e) receiving or having in possession for sale; and\n> > > > \n> > > > > (f) exposing for sale; and\n> > > > \n> > > > > (g) sending, delivering or supplying for sale; and\n> > > > \n> > > > > (h) causing or permitting to be sold or offered or exposed for sale; and\n> > > > \n> > > > > (i) disposal by way of raffle, lottery or other game of chance;\n> > \n> > > ***tributyltin antifouling chemical product*** means a chemical product containing a tributyltin compound used to control fouling on marine vessels.\n> \n> > (2)  The [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) applies to the interpretation of this order as if the order were by-laws.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Application of chemical products","content":"### 4 Application of chemical products\n\n> > (1)  A person must not handle a tributyltin antifouling chemical product by using that product for the purpose of applying it to the hull of a marine vessel up to and including 25 metres in length.\n> \n> > (2)  Except as permitted by a permit, a person must not handle a tributyltin antifouling chemical product by using that product for the purpose of applying it to the hull of a marine vessel more than 25 metres in length.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Sale of chemical products","content":"### 5 Sale of chemical products\n\n> > (1)  A person must not sell a tributyltin antifouling chemical product to a person who is not the holder of a permit.\n> \n> > (2)  A person who sells a tributyltin antifouling chemical product must –\n> > \n> > > > (a) keep a record of each sale; and\n> > > \n> > > > (b) keep that record for 2 years.\n> \n> > (3)  A record must include the following:\n> > \n> > > > (a) the name and address of the person selling the chemical product;\n> > > \n> > > > (b) the name of the chemical product;\n> > > \n> > > > (c) the name and address of the purchaser of the chemical product;\n> > > \n> > > > (d) the number of the purchaser's permit;\n> > > \n> > > > (e) the date of the sale of the chemical product;\n> > > \n> > > > (f) the quantity of the chemical product sold.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Rescission","content":"### 6 Rescission\n\n> The [Agricultural and Veterinary Chemicals (Control of Use) Order (No. 2) 2001](/view/html/inforce/2026-04-12/sr-2001-020) is rescinded.\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 19 December 2001\n\nThis order is administered in the Department of Primary Industries, Water and Environment.","sortOrder":5}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content is available to assess whether the scope changed from the original intent. The document as provided contains only metadata, status information, and administrative details — no substantive provisions are included. No scope change can be confirmed or denied."},"complexity_factors":["The actual substantive content of the order is not present in the provided text, making full analysis impossible","Orders made under parent Acts can involve technical cross-referencing to the enabling legislation","Chemical regulation can involve technical scientific classifications, but none are visible here","The order's age (2001) and subsequent amendments may create layering complexity not visible without the amendment table"],"plain_english_summary":"This Tasmanian government order (Agricultural and Veterinary Chemicals (Control of Use) Order (No. 3) 2001) regulates how agricultural and veterinary chemicals may be used in Tasmania. It affects anyone who uses, supplies or applies such chemicals—farmers, graziers, pest controllers, vets and agricultural workers—and sets enforceable limits on when, where, how and by whom chemicals can be used. Non‑compliance can lead to fines or prosecution."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The Order remains tightly focused on its original purpose: controlling tributyltin antifouling products. It has not expanded beyond this specific chemical class or marine application."},"complexity_factors":["Only 6 operative sections with straightforward prohibitions","Just 4 defined terms in the interpretation section (Act, permit, sell, tributyltin antifouling chemical product)","Single cross-reference to the parent Act (Agricultural and Veterinary Chemicals (Control of Use) Act 1995)","No nested exceptions or conditional logic – only a simple permit exemption for vessels over 25m","Clear binary distinction based on vessel length (25 metre threshold)","Record-keeping requirements are prescriptive but simple (6 data points, 2-year retention)"],"plain_english_summary":"**What this legislation does:**\n\nThis Order bans or heavily restricts the use of **tributyltin (TBT) antifouling paints** on ships in Tasmania. TBT is a toxic chemical once widely used to stop barnacles and algae growing on boat hulls, but it harms marine life (especially shellfish) and persists in the environment.\n\n**Who it affects:**\n\n- **Boat owners and operators** – You cannot apply TBT products to small vessels (25 metres or under) at all. For larger vessels (over 25 metres), you need a special permit from the government.\n- **Suppliers and retailers** – You cannot sell TBT products to anyone unless they hold a valid permit. You must also keep detailed sales records (buyer's name, permit number, quantity, date) for 2 years.\n\n**Why it matters:**\n\nTBT is so toxic to marine ecosystems that international conventions (like the International Convention on the Control of Harmful Anti-fouling Systems) have phased it out globally. This Order gives Tasmania's version of that ban legal teeth – making it an offence to use or sell these products without proper authorisation. It protects waterways from a persistent pollutant while allowing limited, controlled use for large commercial vessels that might genuinely need it.\n\n**Key offences:**\n- Using TBT on small boats (≤25m): **Banned outright**\n- Using TBT on large boats (>25m): **Only with a permit**\n- Selling TBT without checking for a permit: **Illegal**\n- Failing to keep sales records: **Illegal**"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Section 6 expressly rescinds the Agricultural and Veterinary Chemicals (Control of Use) Order (No. 2) 2001, indicating this instrument replaces the earlier one. The order sets clear new prohibitions and sales controls (ss 4–5) and thus changes the legal instrument in force, but the specific differences in scope cannot be determined from this text alone without comparing the rescinded Order (No. 2) 2001."},"complexity_factors":["Short, narrowly focused instrument with few provisions (ss 1–6).","Dependence on external permit regime under the Agricultural and Veterinary Chemicals (Control of Use) Act 1995 — full effect requires cross-reference to that Act (s 3(1); ss 4(2), 5(1)).","Bright-line operational rule keyed to vessel length (25 metres) creating a clear threshold for compliance (s 4(1)–(2)).","Specific record-keeping obligations with defined data fields and a fixed retention period (2 years) impose administrative burden on sellers (s 5(2)–(3)).","Rescission of a prior instrument means legal scope may have changed, but the rescinded Order is not reproduced here, so comparative effects require examining that earlier instrument (s 6).","Application of the Acts Interpretation Act 1931 affects how terms and the order are read, which can affect legal interpretation (s 3(2))."],"plain_english_summary":"This order restricts the use and sale of tributyltin antifouling chemical products. It bans applying those products to hulls of vessels up to 25 metres, allows application to larger vessels only with a permit, and limits sales to permit-holders. Sellers must record each sale (buyer, permit number, product, quantity, date, seller) and keep records for two years. The order takes effect on Gazette notification and rescinds the prior Order (No. 2) 2001."}},"importantCases":[],"_links":{"self":"/api/acts/agricultural-and-veterinary-chemicals-control-of-use-order-no-3-2001","history":"/api/acts/agricultural-and-veterinary-chemicals-control-of-use-order-no-3-2001/history","analysis":"/api/acts/agricultural-and-veterinary-chemicals-control-of-use-order-no-3-2001/analysis","conflicts":"/api/acts/agricultural-and-veterinary-chemicals-control-of-use-order-no-3-2001/conflicts","importantCases":"/api/acts/agricultural-and-veterinary-chemicals-control-of-use-order-no-3-2001/important-cases","documents":"/api/acts/agricultural-and-veterinary-chemicals-control-of-use-order-no-3-2001/documents"}}