{"id":"agricultural-and-veterinary-products-control-of-use-act-2002","name":"Agricultural and Veterinary Products (Control of Use) Act 2002","slug":"agricultural-and-veterinary-products-control-of-use-act-2002","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31511,"registerId":"sa-agricultural-and-veterinary-products-control-of-use-act-2002-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Agricultural and Veterinary Products (Control of Use) Act 2002","content":"South Australia\nAgricultural and Veterinary Products (Control of Use) Act 2002\nAn Act relating to agricultural chemical products, fertilisers and veterinary products and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tEligible laws for purposes of Agvet Code permits\nPart 2—General duty\n5\tGeneral duty\nPart 3—Offences\nDivision 1—Agricultural chemical products\n6\tUse or possession of unregistered agricultural chemical product\n7\tMandatory instructions on approved label for registered agricultural chemical product\n8\tContainer for agricultural chemical product\n9\tResponsibilities in relation to withholding periods\nDivision 2—Fertilisers\n10\tStandards for fertiliser\nDivision 3—Veterinary products\n11\tSupply of prescribed substances prepared by veterinary surgeon\n12\tTreatment of animal with, or possession of, prescribed substance\n13\tTreatment of trade species animal by injection\n14\tTreatment of trade species animals in unauthorised manner\n15\tContainer for prescribed veterinary product\n16\tResponsibilities of veterinary surgeon in relation to withholding periods\n17\tResponsibilities of manager in relation to withholding periods\nPart 4—Trade protection orders\n18\tTrade protection orders\n19\tSpecial provisions relating to recall orders\n20\tManner of making order\n21\tCompensation if insufficient grounds for order\n22\tFailure to comply with order\nPart 5—Enforcement\nDivision 1—Authorised officers\n23\tAppointment of authorised officers\n24\tIdentification of authorised officers\nDivision 2—Powers of authorised officers\n25\tPowers of authorised officers\n26\tWarrants in urgent circumstances\n27\tOffence to hinder etc authorised officers\n28\tSelf-incrimination\n29\tOffences by authorised officers\nDivision 3—Compliance orders\n30\tCompliance orders\n31\tReview\nPart 6—Miscellaneous\n32\tFalse or misleading information\n33\tStatutory declarations\n34\tOffences by body corporate\n35\tRecovery of technical costs associated with prosecutions\n36\tGeneral defence\n37\tCivil remedies not affected\n38\tConfidentiality\n40\tService\n41\tEvidence\n42\tIncorporation of codes, standards or other documents\n43\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Agricultural and Veterinary Products (Control of Use) Act 2002.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nactive constituent has the meaning given by the Agvet Code of South Australia;\nagricultural chemical product has the meaning given by the Agvet Code of South Australia;\nagricultural product means an agricultural chemical product or a fertiliser;\nAgvet Code of South Australia—see the Agricultural and Veterinary Chemicals (South Australia) Act 1994;\napproved label has the meaning given by the Agvet Code of South Australia;\nauthorised officer means a person appointed as an authorised officer under Part 5;\ncompliance order—see section 30;\ncontamination—see subsection (3) and section 5(2);\ncontravention includes failure to comply;\nenvironmental harm has the meaning given by the Environment Protection Act 1993;\nfertiliser means—\n\t(a)\ta substance that is manufactured, represented, supplied or used as a means of directly or indirectly—\n\t(i)\tfertilising the soil; or\n\t(ii)\tsupplying nutrients to plants; or\n\t(iii)\tconditioning the soil by altering the chemical, physical or biological composition of the soil; or\n\t(b)\ta substance declared by regulation to be a fertiliser,\nbut does not include a substance excluded by regulation from the ambit of this definition;\nharm—see subsection (3);\nmajor trade species animal means a trade species animal of any of the following kinds:\n\t(a)\tcattle, sheep, pigs, or chickens; or\n\t(b)\ta class of animals declared by regulation to be major trade species animals;\nmandatory instruction, in relation to an approved label, means an instruction of a kind declared by regulation to be a mandatory instruction;\nminor trade species animal means a trade species animal other than a major trade species animal;\nMRL Standard means the National Registration Authority for Agricultural and Veterinary Chemicals, MRL Standard—Maximum Residue Limits in Food and Animal Feedstuffs of Agricultural and Veterinary Chemicals and Associated Substances, published by the Australian Government Publishing Service, Canberra, as amended from time to time;\nNRA has the meaning given by the Agvet Code of South Australia;\npermit has the meaning given by the Agvet Code of South Australia;\nplant includes fungus;\npossession or custody of an agricultural chemical product—see subsection (2);\npremises means any land, building, structure, vessel, aircraft or vehicle;\nprescribed veterinary product means a veterinary product used to treat trade species animals by a method involving spraying, dipping or bathing;\nrecall order—see section 19;\nregistered agricultural chemical product means an agricultural chemical product registered under the Agvet Code of South Australia;\nregistered veterinary chemical product means a veterinary chemical product registered under the Agvet Code of South Australia;\nresidue has the meaning given by the Agvet Code of South Australia;\nsubstance includes a mixture of substances;\nsupply has the meaning given by the Agvet Code of South Australia;\ntarget area, in relation to the use of an agricultural chemical product, means the area intended to be treated with the product or within which plants, pests, disease or other biological problems are intended to be controlled by use of the product;\ntrade means trade within this State or within Australia or trade between Australia and places outside Australia;\ntrade product means a trade species animal or trade species plant or a product derived from a trade species animal or trade species plant;\ntrade protection order—see section 18;\ntrade species animal means—\n\t(a)\tan animal kept or used as a food-producing species within the meaning of the Agvet Code of South Australia; or\n\t(b)\tan animal kept or used for the purposes of trading in products derived from the animal (eg wool, feathers, skin, bones) or producing products for trade; or\n\t(c)\tan animal of a class declared by regulation to be trade species animals;\ntrade species plant means—\n\t(a)\ta plant grown or used for the purposes of trading in the plant or products derived from the plant or producing products for trade; or\n\t(b)\ta plant of a class declared by regulation to be trade species plants;\ntreat an animal—see subsection (4);\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;\nunregistered agricultural chemical product means an agricultural chemical product that is not registered under the Agvet Code of South Australia;\nuse, in relation to an agricultural product or veterinary product, includes preparation for use;\nveterinary chemical product has the meaning given by the Agvet Code of South Australia and includes a human pharmaceutical, agricultural chemical product or other substance used to treat an animal;\nveterinary product means—\n\t(a)\ta veterinary chemical product; or\n\t(b)\ta substance that would be a veterinary chemical product within the meaning of the Agvet Code of South Australia but for the fact that it is—\n\t(i)\tprepared by a pharmacist in accordance with the instructions of a veterinary surgeon; or\n\t(ii)\tprepared by a veterinary surgeon,\nin the course of the practice, by the person preparing the substance, of his or her profession as permitted by or under a law of this State;\nveterinary surgeon means a person registered under the Veterinary Surgeons Act 1985;\nwithholding period, in relation to a trade product, means the minimum period that needs to elapse between use of an agricultural chemical product or a veterinary product and a particular activity in order to ensure that the agricultural chemical or veterinary product's residues in the trade product fall to or below, or will not exceed, the maximum limit that the NRA permits (see the MRL Standard).\n\t(2)\tIn this Act, a reference to possession or custody of an agricultural chemical product does not extend to possession or custody of the product for the purposes of supply.\n\t(3)\tFor the purposes of this Act, contamination or harm is to be taken to have been caused by the use or disposal of an agricultural product or veterinary product—\n\t(a)\twhether the contamination or harm is a direct or indirect result of the use or disposal of the agricultural product or veterinary product; and\n\t(b)\twhether the contamination or harm results from the use or disposal of the agricultural product or veterinary product alone or the combined effects of the use or disposal of the agricultural product or veterinary product and other factors.\n\t(4)\tFor the purposes of this Act, an animal is treated with a substance if the substance is administered or applied to the animal by any means, or consumed by the animal, as a way of directly or indirectly—\n\t(a)\tpreventing, diagnosing, curing or alleviating a disease or condition in the animal or the infestation of the animal by a pest; or\n\t(b)\tcuring or alleviating an injury suffered by the animal; or\n\t(c)\tmodifying the physiology of the animal—\n\t(i)\tso as to alter its natural development, productivity, quality or reproductive capacity; or\n\t(ii)\tso as to make it more manageable; or\n\t(d)\tmodifying the effect of a substance used to treat the animal.\n4—Eligible laws for purposes of Agvet Code permits\nSections 6, 7, 9(1), 11(1), 12(1), 13 and 14 are eligible laws for the purposes of the definition of permit in section 109 of the Agvet Code of South Australia.\nPart 2—General duty\n5—General duty\n\t(1)\tA person must in using or disposing of an agricultural chemical product, fertiliser or prescribed veterinary product take all reasonable and practicable measures to prevent or minimise—\n\t(a)\tin the case of an agricultural chemical product—\n\t(i)\tactual or potential contamination of land outside the target area that is not trivial, taking into account current or proposed land uses; or\n\t(ii)\tactual or potential contamination of animals or plants on land outside the target area that is not trivial, taking into account the economic or ecological value of the animals or plants and the current or proposed land uses; or\n\t(b)\tactual or potential harm to the health or safety of human beings (in the case of an agricultural chemical product, whether within or outside the target area) that is not trivial, taking into account current or proposed land uses; or\n\t(c)\tother unintended actual or potential environmental harm (in the case of an agricultural chemical product, whether within or outside the target area) that is not trivial, taking into account current or proposed land uses.\n\t(2)\tFor the purposes of subsection (1)(a)—\n\t(a)\tland is contaminated if any soil, water or other environmental component of the land contains a residue of an agricultural chemical product; and\n\t(b)\tan animal or plant is contaminated if the animal or plant or a product derived from the animal or plant contains a residue of an agricultural chemical product.\n\t(3)\tWithout limiting the circumstances in which contamination will not be considered trivial, contamination will not be trivial if—\n\t(a)\tin the case of contamination of a trade species animal or trade species plant with a residue of an agricultural chemical product in respect of which a maximum limit has been fixed in the MRL Standard—the residue is above that maximum limit;\n\t(b)\tin the case of contamination of land with a residue of an agricultural chemical product in respect of which a maximum limit has been fixed in the MRL Standard—the residue in the soil, water or other environmental component of the land is such that it can reasonably be expected that a trade species animal kept on the land or a trade species plant grown on the land would be or become contaminated to the extent referred to in paragraph (a).\n\t(4)\tIn determining what measures are required to be taken under subsection (1), regard is to be had, amongst other things, to—\n\t(a)\tthe nature of the product; and\n\t(b)\tin the case of a registered agricultural chemical product or registered veterinary chemical product, the terms of the approved label for containers for the product; and\n\t(c)\tthe terms of any permit issued in respect of the product; and\n\t(d)\tthe nature of the area surrounding the site where the product is used or disposed of; and\n\t(e)\tthe weather conditions at the time the product is used or disposed of and the forecast for the period following use or disposal; and\n\t(f)\twhether any equipment used is appropriate and in good repair; and\n\t(g)\tthe financial implications of the various measures that might be taken as those implications relate to the class of persons using or disposing of the same or similar products in the same or similar circumstances; and\n\t(h)\tthe current state of technical knowledge and likelihood of successful application of the various measures that might be taken.\n\t(5)\tFailure to comply with the duty under this section does not of itself constitute an offence, but compliance with the duty may be enforced by the issuing of a compliance order.\n\t(6)\tThis section operates in addition to, and does not limit or derogate from, the provisions of the Environment Protection Act 1993 or any other Act.\nPart 3—Offences\nDivision 1—Agricultural chemical products\n6—Use or possession of unregistered agricultural chemical product\n\t(1)\tA person must not use, or have in his or her possession or custody, an unregistered agricultural chemical product except as authorised by a permit.\nMaximum penalty: $35 000.\n\t(2)\tIt is a defence to a charge of an offence against subsection (1) if the defendant proves—\n\t(a)\tthat the product was a registered agricultural chemical product at the time it came into the person's possession or custody and not more than four years, or such other period specified for the product by the Minister by notice in the Gazette, has elapsed since the date the product ceased to be registered; or\n\t(b)\tthat the defendant did not know, and could not reasonably be expected to know, that the agricultural chemical product was not, or had ceased to be, registered.\n\t(3)\tThe Minister may, by subsequent notice in the Gazette, vary or revoke a notice under subsection (2)(a), but a subsequent notice must not specify a period for a product shorter than the period previously specified by notice for the product, if the period previously specified has elapsed at the time the subsequent notice is published.\n\t(4)\tThis section does not apply to an agricultural chemical product exempted by the NRA from the operation of section 78 of the Agvet Code of South Australia.\n7—Mandatory instructions on approved label for registered agricultural chemical product\nA person must not use or dispose of a registered agricultural chemical product in contravention of a mandatory instruction displayed on the approved label for containers for the product except as authorised by a permit.\nMaximum penalty: $35 000.\n8—Container for agricultural chemical product\n\t(1)\tA person who has possession or custody of an agricultural chemical product must ensure that the product is, at all times, kept in a suitable container clearly marked or labelled with the name of the product and the name and concentration (if any) of each of the active constituents of the product as indicated in a permit authorising the possession or custody or on the approved label for containers for the product.\nMaximum penalty: $10 000.\n\t(2)\tWithout otherwise limiting the meaning of suitable container, a bottle or container that has been used, or is designed for use, for drink or food is not a suitable container.\n\t(3)\tNothing in subsection (1) requires a container to which an agricultural chemical product is transferred for immediate use to be marked or labelled with the name of the product or the name and concentration of each of the active constituents of the product.\n9—Responsibilities in relation to withholding periods\n\t(1)\tA person who carries on or manages an agricultural business in the course of which a registered agricultural chemical product is used is guilty of an offence if—\n\t(a)\tin the case of a registered agricultural chemical product used pursuant to a permit—a prescribed instruction setting out a withholding period for a trade product in the permit is contravened; or\n\t(b)\tin any other case—a prescribed instruction setting out a withholding period for a trade product displayed on the approved label for containers for the product is contravened.\nMaximum penalty: $35 000.\n\t(2)\tIf—\n\t(a)\ta registered agricultural chemical product is used in the course of an agricultural business; and\n\t(b)\ttrade products produced in the course of the business are affected by a withholding period as set out on the approved label for containers for the registered agricultural chemical product or in a permit pursuant to which the registered agricultural chemical product is used; and\n\t(c)\tany of those trade products are supplied before the expiry of that withholding period,\nthe person who carries on or manages the business must ensure that the recipient of the trade products is given written notice of—\n\t(d)\tthe withholding period; and\n\t(e)\tthe registered agricultural chemical product used; and\n\t(f)\tthe last relevant date of use of the registered agricultural chemical product.\nMaximum penalty: $35 000.\n\t(3)\tFor the purposes of this section, if a person works land as a sharefarmer (and not as an employee) under a written sharefarming agreement, the person will be taken to carry on an agricultural business.\nDivision 2—Fertilisers\n10—Standards for fertiliser\n\t(1)\tA person must not supply fertiliser unless—\n\t(a)\tthe fertiliser and the constituents of the fertiliser comply with the standards prescribed by regulation; and\n\t(b)\tthe fertiliser is packaged and labelled, or information is provided to the person to whom the fertiliser is supplied, in accordance with the regulations.\nMaximum penalty: $35 000.\n\t(2)\tThe standards prescribed by regulation may—\n\t(a)\tprohibit a substance from being added to or used as fertiliser;\n\t(b)\tprovide for controls with respect to the level of impurities contained in fertiliser;\n\t(c)\totherwise regulate the composition, quality or method of manufacture of fertiliser.\nDivision 3—Veterinary products\n11—Supply of prescribed substances prepared by veterinary surgeon\n\t(1)\tA person must not supply, or have in his or her possession or custody for the purpose of supply, a substance to which this section applies, except in accordance with a permit.\nMaximum penalty: $35 000.\n\t(2)\tThis section applies to such substances prepared by a veterinary surgeon, or a pharmacist on the instructions of a veterinary surgeon, in the course of his or her practice as may be prescribed, individually or by class, by the regulations.\n12—Treatment of animal with, or possession of, prescribed substance\n\t(1)\tA person must not—\n\t(a)\ttreat an animal with; or\n\t(b)\thave in his or her possession or custody,\na substance to which this section applies, except in accordance with a permit.\nMaximum penalty: $35 000.\n\t(2)\tThis section applies to such substances (other than registered veterinary chemical products) as may be prescribed, individually or by class, by the regulations.\n13—Treatment of trade species animal by injection\nA person must not inject a trade species animal with a registered veterinary chemical product if the approved label for containers for the product states that it is only for oral or topical use, except in accordance with a permit.\nMaximum penalty: $35 000.\n14—Treatment of trade species animals in unauthorised manner\n\t(1)\tA person responsible for the management of a trade species animal is guilty of an offence if the animal is treated with a veterinary product in an unauthorised manner.\nMaximum penalty: $35 000.\n\t(2)\tAn animal is treated with a veterinary product in an unauthorised manner if—\n\t(a)\t—\n\t(i)\ta registered veterinary chemical product is used to treat the animal in a manner that contravenes a mandatory instruction on the approved label for containers for the product; or\n\t(ii)\tthe veterinary product used to treat the animal—\n\t(A)\tis not a registered veterinary chemical product; or\n\t(B)\tin the case of treatment of a major trade species animal—is a registered veterinary chemical product that is not registered for use in animals of the species concerned; or\n\t(C)\tin the case of treatment of a minor trade species animal—is a registered veterinary chemical product that is not registered for use in animals of the species concerned or in animals of a species declared by regulation to be a species related to the minor trade species concerned; and\n\t(b)\tthe treatment is carried out otherwise than in accordance with the written instructions of a veterinary surgeon responsible for treating the animal or a permit.\n\t(3)\tIt is a defence to a charge of an offence against subsection (1) in circumstances referred to in subsection (2)(a)(ii)(A) if the defendant proves—\n\t(a)\tthat the product was a registered veterinary chemical product at the time it came into the person's possession or custody; and\n\t(b)\tthat not more that four years, or such other period specified for the product by the Minister by notice in the Gazette, has elapsed since the date the product ceased to be registered; and\n\t(c)\tthat the product was used in a manner that complied with the mandatory instructions on the approved label for containers for the product.\n\t(4)\tThe Minister may, by subsequent notice in the Gazette, vary or revoke a notice under subsection (3)(b), but a subsequent notice must not specify a period for a product shorter than the period previously specified by notice for the product, if the period previously specified has elapsed at the time the subsequent notice is published.\n\t(5)\tIf a veterinary surgeon responsible for treating a trade species animal gives advice or instructions for the treatment of the animal with a veterinary product in a manner referred to in subsection (2)(a), the veterinary surgeon must give the person apparently in charge of the animal written instructions setting out the details of the treatment and the treatment period.\nMaximum penalty: $10 000.\n15—Container for prescribed veterinary product\n\t(1)\tA person who has possession or custody of a prescribed veterinary product must ensure that the product is, at all times, kept in a suitable container clearly marked or labelled with the name of the product and the name and concentration (if any) of each of the active constituents of the product as indicated in a permit authorising the possession or custody or on the approved label for containers for the product.\nMaximum penalty: $10 000.\n\t(2)\tWithout otherwise limiting the meaning of suitable container, a bottle or container that has been used, or is designed for use, for drink or food is not a suitable container.\n\t(3)\tNothing in subsection (1) requires a container to which a prescribed veterinary product is transferred for immediate use to be marked or labelled with the name of the product or the name and concentration of each of the active constituents of the product.\n16—Responsibilities of veterinary surgeon in relation to withholding periods\n\t(1)\tIf a veterinary surgeon responsible for treating a trade species animal treats, or gives advice or instructions for the treatment of, the animal with a veterinary product in a manner resulting in a withholding period for the animal or a product derived from the animal, the veterinary surgeon must give the person apparently in charge of the animal written instructions—\n\t(a)\tsetting out the details of the treatment and the treatment period; and\n\t(b)\tsetting out the withholding period applicable to the treated animal or products derived from the treated animal; and\n\t(c)\trequiring the animal to be readily identified (as an individual or as one of a group) by means of written records, signs, tags or otherwise for the duration of the treatment period and the withholding period.\nMaximum penalty: $35 000.\n\t(2)\tA veterinary surgeon must keep a copy of written instructions given under subsection (1) for a period of at least two years.\nMaximum penalty: $5 000.\n17—Responsibilities of manager in relation to withholding periods\n\t(1)\tA person responsible for the management of a trade species animal that has been treated with a veterinary product in a manner resulting in a withholding period for the animal or a product derived from the animal must ensure that—\n\t(a)\tthe animal and any product to which a withholding period applies are readily identifiable by means of written records, signs, tags or otherwise as having been treated, or derived from an animal that has been treated, with the veterinary product for the duration of the treatment period and withholding period; and\n\t(b)\tneither the animal nor any product to which a withholding period applies is supplied during the treatment period or withholding period unless the recipient of the animal or product is given written notice of—\n\t(i)\tthe treatment period and withholding period; and\n\t(ii)\tthe veterinary product used in the treatment; and\n\t(iii)\tthe date of its last use in relation to the animal.\nMaximum penalty: $35 000.\n\t(2)\tIn proceedings for an offence against subsection (1), the withholding period in respect of an animal, or a product derived from an animal, treated with a registered veterinary chemical product will be taken, in the absence of proof to the contrary, to be the withholding period stated on the approved label for containers for the registered veterinary chemical product.\nPart 4—Trade protection orders\n18—Trade protection orders\n\t(1)\tAn order (a trade protection order) may be made under this Part by the Minister if there are reasonable grounds to believe that the order is necessary to prevent or reduce the possibility of serious harm to trade arising from the use or disposal of agricultural products or veterinary products or to mitigate the adverse consequences of such harm.\n\t(2)\tA trade protection order may do any one or more of the following:\n\t(a)\tprohibit the cultivation, taking, harvesting or obtaining, from a specified area, of a particular trade product or type of trade product;\n\t(b)\tprohibit a particular trade product or type of trade product from being advertised or sold;\n\t(c)\tdirect that a particular trade product or type of trade product consigned or distributed for sale or sold be recalled and specify the manner in which, and the period within which, the recall is to be conducted;\n\t(d)\tdirect that a particular trade product or type of trade product be impounded, isolated, destroyed or otherwise disposed of and specify the manner in which the impounding, isolation, destruction or disposal is to be conducted;\n\t(e)\tprohibit absolutely the carrying on of an activity in relation to a particular trade product or type of trade product, or permit the carrying on of the activity in accordance with conditions specified in the order;\n\t(f)\twithout limiting the generality of paragraph (e), impose conditions relating to the taking and analysis of samples of a trade product or of water or soil or any other thing that is part of the environment in which that activity is carried on in relation to the trade product;\n\t(g)\tspecify methods of analysis of any samples required to be taken in accordance with the order.\n\t(3)\tA trade protection order may be varied or revoked by the Minister in the same manner as the order was made.\n19—Special provisions relating to recall orders\n\t(1)\tA trade protection order requiring the recall or disposal, or both, of any trade product (a recall order) may require the person, or persons of a class, bound by the order to disclose to the public or to a class of persons specified in the order, in a manner so specified, any one or more of the following:\n\t(a)\tthe particular trade product or type of trade product to be recalled or disposed of;\n\t(b)\tthe reasons why the trade product is being recalled or required to be disposed of;\n\t(c)\tprocedures for disposing of the trade product.\n\t(2)\tA person who is required by a recall order to conduct a recall of any trade product must give written notice to the Minister of the completion of the recall as soon as practicable after that completion.\n\t(3)\tA person who is bound by a recall order is liable for any cost incurred by or on behalf of the Minister in connection with the recall order and any such cost is taken to be a debt due to the Minister from that person.\n\t(4)\tIn any proceedings for the recovery of the debt, a certificate signed by the Minister stating the amount of any costs and the manner in which they were incurred is evidence of the matters certified.\n20—Manner of making order\n\t(1)\tA trade protection order—\n\t(a)\tmay be made in writing addressed to the person or persons intended to be bound by it, and served on that person or each of those persons, as the case requires; or\n\t(b)\tmay be addressed to several persons, to a class of persons, or to all persons.\n\t(2)\tAs soon as practicable after an order addressed as referred to in subsection (1)(b) is made, a notice setting out the date on which the notice is published, the terms of the order and the persons to be bound by the order must be published by the Minister in a manner and form that, in the opinion of the Minister, will be most likely to bring the order to the attention of the persons bound by it.\n\t(3)\tA trade protection order, when it takes effect, is binding on the person or persons to whom it is addressed.\n\t(4)\tA trade protection order that is served on a person takes effect on the date of service.\n\t(5)\tA trade protection order notice of which is published under subsection (2) takes effect at the beginning of the first day on which the notice was published.\n\t(6)\tA trade protection order ceases to have effect at the expiration of 90 days after the day on which it takes effect unless it is sooner revoked.\n\t(7)\tSubsection (6) does not prevent a further trade protection order being made in the same terms as an order that has expired.\n21—Compensation if insufficient grounds for order\n\t(1)\tA person bound by a trade protection order who suffers loss as a result of the making of the order may apply to the Minister for compensation if the person considers that there were insufficient grounds for the making of the order.\n\t(2)\tIf there were insufficient grounds for the making of the trade protection order, the Minister is to pay such compensation to the applicant as is just and reasonable.\n\t(3)\tThe Minister is to send written notification of his or her determination as to the payment of compensation under this section to each applicant for the payment of such compensation.\n\t(4)\tIf the Minister has not determined an application for compensation under this section within 28 days of receiving the application, the Minister is taken to have refused to pay compensation.\n\t(5)\tAn applicant for the payment of compensation under this section who is dissatisfied with a determination by the Minister as to the refusal to pay compensation, or as to the amount of compensation, may seek a review of the determination by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.\n\t(6)\tAn application for review may be made to the Tribunal—\n\t(a)\tin a case to which subsection (4) applies—within 28 days after the 28 day period referred to in that subsection; or\n\t(b)\tin any other case—within 28 days after the day on which notification of the determination was received.\n22—Failure to comply with order\nA person must not, without reasonable excuse—\n\t(a)\tcarry on an activity in contravention of any prohibition imposed on the person by a trade protection order; or\n\t(b)\tneglect or refuse to comply with a direction given by a trade protection order; or\n\t(c)\tfail to comply with a condition specified in a trade protection order.\nMaximum penalty: $35 000.\nPart 5—Enforcement\nDivision 1—Authorised officers\n23—Appointment of authorised officers\n\t(1)\tThe Minister may appoint authorised officers for the purposes of this Act.\n\t(2)\tAn appointment may be made subject to conditions specified in the instrument of appointment.\n\t(3)\tThe Minister may, at any time, revoke an appointment or vary, revoke or add a condition of appointment.\n24—Identification of authorised officers\n\t(1)\tAn authorised officer must be issued with an identity card—\n\t(a)\tstating the name of the authorised officer; and\n\t(b)\tcontaining a photograph of the authorised officer; and\n\t(c)\tstating that the person whose name and photograph appear on the card is an authorised officer for the purposes of the Act.\n\t(2)\tIf an authorised officer proposes to exercise powers under this Act against a person, the authorised officer must, if practicable, produce the identity card for inspection.\nDivision 2—Powers of authorised officers\n25—Powers of authorised officers\n\t(1)\tAn authorised officer may, for the purpose of the administration or enforcement of this Act—\n\t(a)\tenter premises, and inspect the premises and anything in or on the premises, with the consent of the occupier or on the authority of a warrant issued under subsection (2);\n\t(b)\tgive directions with respect to the stopping or movement of a vehicle, vessel or aircraft;\n\t(c)\trequire a person—\n\t(i)\tto answer a question to the best of that person's knowledge, information and belief;\n\t(ii)\tto take reasonable steps to provide information;\n\t(d)\trequire a person to produce, or provide a copy of, a document and (if necessary) to operate a computer or other device in which information is stored to produce, or provide a copy of, a document in understandable form;\n\t(e)\tretain a document for inspection, to make a copy of it, or to take extracts from it;\n\t(f)\tcarry out tests on agricultural products, veterinary products, trade products, land, equipment or other things, take and remove samples for analysis or require a person to provide a sample for analysis;\n\t(g)\ttake photographs, films or audio, video or other recordings;\n\t(h)\trequire a person who the authorised officer reasonably suspects has committed, is committing or is about to commit, an offence against this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity;\n\t(i)\tseize and remove any thing that may be evidence of a contravention of this Act;\n\t(j)\trequire a person to give the authorised officer other assistance that may be reasonable in the circumstances.\n\t(2)\tA magistrate may issue a warrant authorising an authorised officer to enter premises and inspect the premises and anything in or on the premises (using force that may be reasonably necessary in the circumstances) if satisfied that the warrant is reasonably necessary for the administration or enforcement of this Act.\n\t(3)\tThe warrant must—\n\t(a)\tstate whether the entry and inspection of the premises may be carried out at any time of the day or night or only during specified hours of the day or night; and\n\t(b)\tspecify the day on which, and the time at which, the warrant ceases to have effect (not being more than seven days after the issue of the warrant); and\n\t(c)\tstate the purpose for which the warrant is issued.\n\t(4)\tIf a warrant might be executed without the use of force through the cooperation of another person and the other person is present and available to be asked for cooperation, the use of force to execute the warrant is not reasonably necessary unless the authorised officer has asked for the person's cooperation and the person has refused to cooperate or has failed to comply promptly with the request.\n\t(5)\tAn authorised officer who executes a warrant must, as soon as practicable after execution of the warrant—\n\t(a)\tprepare a notice containing—\n\t(i)\this or her own name and a statement that he or she is an authorised officer under this Act; and\n\t(ii)\tthe name of the magistrate who issued the warrant and the date and time of its issue; and\n\t(iii)\ta description of the authority conferred by the warrant; and\n\t(iv)\ta description of anything taken from the premises; and\n\t(b)\tgive the notice to the occupier of the premises or leave it for the occupier in a prominent position on the premises.\n\t(6)\tIn the exercise of powers under this Act an authorised officer may be assisted by such persons as the authorised officer considers necessary in the circumstances.\n26—Warrants in urgent circumstances\n\t(1)\tAn authorised officer may apply to a magistrate for a warrant by telephone, facsimile or other prescribed means if the officer considers the urgency of the situation requires it.\n\t(2)\tThe magistrate may complete and sign the warrant in the same terms as for a warrant applied for in person if satisfied that there are reasonable grounds for issuing the warrant urgently.\n\t(3)\tThe magistrate must—\n\t(a)\ttell the authorised officer—\n\t(i)\tthe terms of the warrant; and\n\t(ii)\twhether the entry and inspection of the premises may be carried out at any time of the day or night or only during specified hours of the day or night; and\n\t(iii)\tthe date on which, and the time at which, the warrant was signed; and\n\t(iv)\tthe date on which, and the time at which, the warrant ceases to have effect (not being more than seven days after the magistrate completes and signs the warrant); and\n\t(b)\trecord on the warrant the reasons for granting the warrant.\n\t(4)\tThe authorised officer must—\n\t(a)\tcomplete a form of warrant in the same terms as the warrant signed by the magistrate; and\n\t(b)\twrite on the form—\n\t(i)\tthe name of the magistrate; and\n\t(ii)\tthe date on which, and the time at which, the warrant was signed; and\n\t(c)\tsend the magistrate the completed form of the warrant not later than the day after the warrant is executed or ceases to have effect.\n\t(5)\tOn receipt of the form of warrant, the magistrate must attach it to the warrant the magistrate signed.\n27—Offence to hinder etc authorised officers\n\t(1)\tSubject to this section, a person must not—\n\t(a)\thinder or obstruct an authorised officer, or a person assisting an authorised officer, in the exercise of powers conferred by this Act; or\n\t(b)\tuse abusive, threatening or insulting language to an authorised officer or a person assisting an authorised officer; or\n\t(c)\trefuse or fail, without reasonable excuse, to comply with a requirement made by an authorised officer in the exercise of powers conferred by this Act; or\n\t(d)\twhen required by an authorised officer under this Act to answer a question, refuse or fail to answer the question to the best of the person's knowledge, information or belief; or\n\t(e)\tfalsely represent, by words or conduct, that he or she is an authorised officer.\nMaximum penalty: $5 000.\n\t(2)\tA person must not assault an authorised officer or a person assisting an authorised officer in the exercise of powers under this Act.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n28—Self-incrimination\n\t(1)\tIt is not an excuse for a person to refuse or fail to answer a question or to produce or provide a document, a copy of a document or information as required under this Part on the ground that to do so might tend to incriminate the person, or make the person liable to a penalty.\n\t(2)\tIf compliance by a person with a requirement to answer a question or to produce or provide a document, a copy of a document or information might tend to incriminate the person or make the person liable to a penalty, then—\n\t(a)\tin the case of a person who is required to produce or provide a document, a copy of a document or information—the fact of production or provision of the document, copy or information (as distinct from the contents of the document or the information); or\n\t(b)\tin any other case—the answer given in compliance with the requirement,\nis not admissible in evidence against the person in proceedings (other than proceedings in respect of the making of a false or misleading statement or perjury) in which the person might be found guilty of an offence or liable to a penalty.\n29—Offences by authorised officers\nAn authorised officer who, in the course of exercising powers under this Act—\n\t(a)\taddresses offensive language to another person; or\n\t(b)\twithout lawful authority, hinders or obstructs or uses or threatens to use force in relation to another person,\nis guilty of an offence.\nMaximum penalty: $10 000.\nDivision 3—Compliance orders\n30—Compliance orders\n\t(1)\tThe Minister may issue an order under this Division (a compliance order) for the purpose of securing compliance with a requirement of this Act.\n\t(2)\tAn order under this Division—\n\t(a)\tsubject to subsection (3), must be in the form of a written notice served on the person to whom the order is issued; and\n\t(b)\tmust specify the person to whom it is issued (whether by name or a description sufficient to identify the person); and\n\t(c)\tmust specify the requirement of this Act to which it applies; and\n\t(d)\tmay impose any requirement reasonably required for the purpose for which the order is issued, including one or more of the following:\n\t(i)\ta requirement that the person discontinue, or not commence, a specified activity indefinitely or for a specified period or until further notice from the Minister;\n\t(ii)\ta requirement that the person not carry on a specified activity except at specified times or subject to specified conditions;\n\t(iii)\ta requirement that the person take specified action within a specified period; and\n\t(e)\tmust state that the person may, within 28 days, apply to the Tribunal for a review of the order.\n\t(3)\tAn authorised officer may, if of the opinion that urgent action is required for the purposes of securing compliance with a requirement of this Act, issue an emergency compliance order imposing requirements of a kind referred to in subsection (2)(d).\n\t(4)\tAn emergency compliance order—\n\t(a)\tmay be issued orally, but, in that event, the person to whom the order is issued must be advised forthwith of the person's right to apply to the Tribunal for a review of the order; and\n\t(b)\tceases to have effect on the expiration of 72 hours from the time of its issuing unless confirmed by a written compliance order issued by the Minister and served on the person.\n\t(5)\tThe Minister may, by written notice served on a person to whom an order has been issued under this Division, vary or revoke the order.\n\t(6)\tA person to whom an order is issued under this Division must comply with the order.\nMaximum penalty: $35 000.\n\t(7)\tA person must not hinder or obstruct a person complying with an order issued under this Division.\nMaximum penalty: $5 000.\n\t(8)\tIf a person who is required to take action in compliance with an order under this Division refuses or fails to do so, an authorised officer may take the action required to be taken by that person, with or without assistance, or cause that action to be taken.\n\t(9)\tThe Minister may recover costs and expenses reasonably incurred by an authorised officer under subsection (8) as a debt owed by the person of whom the requirement was made.\n31—Review\n\t(1)\tA person to whom a compliance order has been issued may seek a review of the order or variation of the order by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.\n\t(2)\tAn application for review may be made to the Tribunal within 28 days of the making of the order or variation.\nPart 6—Miscellaneous\n32—False or misleading information\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information furnished, or record kept, under this Act.\nMaximum penalty: $5 000.\n33—Statutory declarations\nIf a person is required by or under this Act to furnish information to the Minister, the Minister may require that the information be verified by statutory declaration and, in that event, the person will not be taken to have furnished the information as required unless it has been verified in accordance with the requirements of the Minister.\n34—Offences by body corporate\n\t(1)\tIf a body corporate is guilty of a prescribed offence, each member of the governing body, and the manager, of the body corporate are guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless the member or the manager (as the case may be) proves that he or she could not by the exercise of due diligence have prevented the commission of the offence.\n\t(2)\tIf a body corporate is guilty of any other offence against this Act (other than an offence against the regulations), each member of the governing body, and the manager, of the body corporate are guilty of an offence and liable to the same penalty as is prescribed for the principal offence if the prosecution proves that—\n\t(a)\tthe member or manager (as the case may be) knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and\n\t(b)\tthe member or manager (as the case may be) was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and\n\t(c)\tthe member or manager (as the case may be) failed to exercise due diligence to prevent the commission of the offence.\n\t(3)\tSubsection (2) does not apply if the principal offence is an offence against section 14(5), 16, 27, 29, 30(7), 32 or 38.\n\t(4)\tA person referred to in this section may be prosecuted and convicted of an offence against this section whether or not the body corporate has been prosecuted or convicted of the principal offence committed by the body corporate.\n\t(5)\tThe regulations may make provision in relation to the criminal liability of a member of the governing body, or the manager, of a body corporate that is guilty of an offence against the regulations. \n\t(6)\tIn this section—\nprescribed offence means an offence against section 6, 7, 8, 11, 15, 22 or 30(6).\n35—Recovery of technical costs associated with prosecutions\nIf a person is convicted of an offence against this Act, the court must, on application by the Minister, order the convicted person to pay to the Minister the reasonable costs and expenses incurred by the Minister in the taking of any samples or the conduct of tests or analyses in the course of the investigation and prosecution of the offence.\n36—General defence\n\t(1)\tIt is a defence to a charge of an offence against this Act if the defendant proves that the offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid commission of the offence.\n\t(2)\tThis section does not apply in relation to a person who is charged with an offence under section 34.\n37—Civil remedies not affected\nThe provisions of this Act do not limit or derogate from any civil right or remedy and compliance with this Act does not necessarily indicate that a common law duty of care has been satisfied.\n38—Confidentiality\nA person who is, or has been, engaged in work related to the administration or enforcement of this Act must not disclose confidential information obtained in, or in connection with, that administration or enforcement except—\n\t(a)\tfor a purpose connected with the administration or enforcement of this Act, the Agvet Code of South Australia or a prescribed Act; or\n\t(b)\tto a law enforcement authority; or\n\t(c)\tas required by law; or\n\t(d)\tas authorised by the person to whom the duty of confidentiality is owed; or\n\t(e)\tas authorised by regulation.\nMaximum penalty: $10 000.\n40—Service\n\t(1)\tA notice or document required or authorised by this Act to be given to or served on a person may—\n\t(a)\tbe served on the person or an agent of the person personally; or\n\t(b)\tbe left for the person at his or her place of residence or business with someone apparently over the age of 16 years; or\n\t(c)\tbe posted to the person at his or her last known address; or\n\t(d)\tbe transmitted by facsimile transmission or electronic mail to the person's facsimile number or electronic mail address (in which case the notice or document will be taken to have been given or served at the time of transmission).\n\t(2)\tWithout limiting the effect of subsection (1), a notice or other document required or authorised to be given to or served on a person may, if the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be given to or served on the person in accordance with that Act.\n41—Evidence\n\t(1)\tIn proceedings for an offence against this Act, an allegation in the complaint that a person was or was not at a specified time an authorised officer will be accepted as proved in the absence of proof to the contrary.\n\t(2)\tIn any legal proceedings, a document apparently certified by the Minister to be a licence, permit, order or other document issued or made under this Act or the Agvet Code of South Australia, or to be a copy of such a document, will be accepted as such in the absence of proof to the contrary.\n42—Incorporation of codes, standards or other documents\n\t(1)\tA regulation or order under this Act may incorporate or operate by reference to a specified code, standard or other document as in force at a specified time or as in force from time to time.\n\t(2)\tIf a code, standard or other document is incorporated or referred to—\n\t(a)\ta copy of—\n\t(i)\tthe code, standard or other document; and\n\t(ii)\tany document referred to or incorporated in the code, standard or other document,\nmust be kept available for inspection by the members of the public, without charge and during normal office hours, at a place determined by the Minister; and\n\t(b)\tevidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document.\n43—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tprohibit the use or disposal of agricultural products or veterinary products;\n\t(b)\tprovide for a licensing system for persons who use agricultural products or veterinary products or require such persons to have specified qualifications, accreditation, training or experience (and provide for related evidentiary aids);\n\t(c)\tprescribe conditions for the use of agricultural products or veterinary products including conditions about—\n\t(i)\tthe way in which products are used (including their concentration, rate or frequency of use);\n\t(ii)\tthe substances with which products are mixed or used;\n\t(iii)\tthe purposes for which products are used;\n\t(iv)\twhen products are used (including the season, time of the year or time of the day);\n\t(v)\tthe location at which products are used;\n\t(vi)\tthe equipment or method employed to use products;\n\t(vii)\tthe circumstances under which products are used (including climatic conditions);\n\t(viii)\tnotices to be given, or consents to be obtained, prior to use of products;\n\t(d)\tregulate specifications, testing and maintenance of equipment employed in the use of agricultural products or veterinary products;\n\t(e)\tprescribe conditions for the keeping of agricultural products or veterinary products;\n\t(f)\tprescribe conditions for the disposal of agricultural products or veterinary products;\n\t(g)\trequire the keeping of records and other information, and make provision for, or in relation to, the inspection of the records and information;\n\t(h)\trequire a person to provide information to the Minister or another prescribed person or authority, and prescribe the manner in which that information must be provided;\n\t(i)\texempt (conditionally or unconditionally) classes of persons, products, substances or activities from the application of this Act or specified provisions of this Act;\n\t(j)\tfix fees (which may vary according to different factors) to be paid in respect of any matter under this Act and provide for the recovery, refund, waiver or reduction of such fees;\n\t(k)\tprescribe fines, not exceeding $10 000, for offences against the regulations.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general application or limited application;\n\t(b)\tmake different provision according to the matters or circumstances to which they are expressed to apply;\n\t(c)\tprovide that a matter or thing in respect of which the regulations may be made is to be determined according to the discretion of the Minister or an authorised officer (and provide for reviews of such determinations);\n\t(d)\tmake provisions of a savings or transitional nature.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Agricultural and Veterinary Products (Control of Use) Act 2002 repealed the following:\nAgricultural Chemicals Act 1955\nStock Foods Act 1941\nStock Medicines Act 1939\nLegislation amended by principal Act\nThe Agricultural and Veterinary Products (Control of Use) Act 2002 amended the following:\nAgricultural and Veterinary Chemicals (South Australia) Act 1994\nLivestock Act 1997\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2002\n9\nAgricultural and Veterinary Products (Control of Use) Act 2002\n29.8.2002\n29.8.2004 (s 7(5) Acts Interpretation Act 1915)\n2009\n84\nStatutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 12 (s 23)—1.2.2010 (Gazette 28.1.2010 p320)\n2013\n16\nStatutes Amendment (Directors' Liability) Act 2013\n23.5.2013\nPt 2 (ss 4 & 5)—17.6.2013 (Gazette 6.6.2013 p2498)\n2017\n51\nStatutes Amendment (SACAT No 2) Act 2017\n28.11.2017\nPt 4 (ss 9 to 14)—22.2.2018 (Gazette 30.1.2018 p524)\n2019\n25\nStatutes Amendment and Repeal (Simplify) Act 2019\n3.10.2019\nPt 3 (s 5)—3.10.2019: s 2(1)\n2023\n44\nVeterinary Services Act 2023\n7.12.2023\nSch 1 (cll 1 to 4)—1.7.2026 (Gazette 20.11.2025 p4496)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n1.2.2010\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n1.2.2010\ns 3\n\n\ns 3(1)\n\n\nTribunal\ninserted by 51/2017 s 9\n22.2.2018\nPt 4\n\n\ns 20\n\n\ns 20(2)\nsubstituted by 25/2019 s 5\n3.10.2019\ns 21\n\n\ns 21(5)\nsubstituted by 51/2017 s 10\n22.2.2018\ns 21(6)\ninserted by 51/2017 s 10\n22.2.2018\nPt 5\n\n\ns 30\n\n\ns 30(2)\namended by 51/2017 s 11(1)\n22.2.2018\ns 30(4)\namended by 51/2017 s 11(2)\n22.2.2018\ns 31\n\n\ns 31(1)\namended by 51/2017 s 12(1)\n22.2.2018\ns 31(2)\nsubstituted by 51/2017 s 12(2)\n22.2.2018\nPt 6\n\n\ns 34\nsubstituted by 16/2013 s 4\n17.6.2013\ns 36\n\n\ns 36(1)\ns 36 redesignated as s 36(1) by 16/2013 s 5\n17.6.2013\ns 36(2)\ninserted by 16/2013 s 5\n17.6.2013\ns 39\ndeleted by 84/2009 s 23\n1.2.2010\ns 43\n\n\ns 43(3)\namended by 51/2017 s 13\n22.2.2018\nSch\nomitted under Legislation Revision and Publication Act 2002\n1.2.2010\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (SACAT No 2) Act 2017, Pt 4\n14—Transitional provisions\n\t(1)\tA right of appeal under section 21 or 31 of the principal Act in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the Administrative and Disciplinary Division of the District Court.\n\t(2)\tNothing in this section affects any proceedings before the Administrative and Disciplinary Division of the District Court commenced before the relevant day.\n\t(3)\tIn this section—\nprincipal Act means the Agricultural and Veterinary Products (Control of Use) Act 2002;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\nHistorical versions\n1.2.2010\n\n17.6.2013\n\n22.2.2018\n\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislative history shows successive amendments that altered scope and procedures: a 2013 amendment substituted section 34 (directors' and managers' liability) (see 'Provisions amended'); 2017 amendments inserted the Tribunal as the review body and changed several review and compliance provisions (see entries for ss3, s21(5)–(6), s30(2),(4), s31); 2019 substituted s20(2) affecting publication/notification of orders; and the Veterinary Services Act 2023 adds scheduled changes with a later commencement date (Sch 1, cll 1–4—with commencement noted). These amendments reallocated review pathways, adjusted officer liability and altered Ministerial/administrative procedures without narrowing the Act's core regulatory remit."},"complexity_factors":["Extensive defined terms and cross‑references to the Agvet Code and external standards (s3; s42)","Substantial Ministerial discretion to make trade protection orders, compliance orders and permits (ss18,30,43)","Multiple criminal offences with significant maximum penalties and defences (e.g. ss6–9,11–17)","Corporate liability rules exposing officers and managers where due diligence not proved (s34)","Detailed operational obligations on withholding periods, labelling and record‑keeping that create ongoing compliance burdens (ss9,16,17,8,15)","Broad enforcement powers for authorised officers including entry, seizure, sampling and warrants (ss25–26)","Emergency powers and short‑term orders that must be rapidly implemented and can be confirmed later (s30(3)–(4))","Incorporation by reference of codes/standards and delegated regulation-making that can change technical obligations without amending the Act (s42; s43)","Statutory review and appeal pathway to the Tribunal, creating an administrative review layer (s31)","Cost‑recovery and debt provisions for recalls and prosecution testing that shift costs onto regulated parties (s19; s35)"],"plain_english_summary":"**This Act controls the use, supply, storage and disposal of agricultural chemicals, fertilisers and veterinary products in South Australia.** It creates duties, offences and penalties, sets withholding, labelling and record‑keeping obligations, and empowers the Minister and authorised officers to issue permits, compliance orders and trade protection orders to manage risks to trade, health and the environment (ss5–6,18,30). It affects farmers, vets, suppliers and managers, who bear compliance costs (labelling, testing, recalls) while enforcement rests on Ministerial discretion and authorised‑officer powers (ss23–26,31)."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope assessment cannot be performed — the legislative text was not available for analysis. The source URL returned a 'Page Not Found' error, providing no content to evaluate against original legislative intent."},"complexity_factors":["No legislative text was successfully retrieved — only a website error page was returned","Unable to assess actual provisions, definitions, schedules, or amendments","Complexity score reflects the inability to analyse content, not the Act's inherent complexity (which, based on general knowledge, would likely score 5-6)"],"plain_english_summary":"The Act regulates the use (not just the sale) of agricultural and veterinary chemical products in South Australia, setting who may apply them, licensing and record‑keeping rules, residue limits in food, and penalties for misuse (e.g., improper application near waterways or wrong crops). It primarily affects farmers, applicators, veterinarians and others handling these chemicals and matters because it protects public health, food safety and the environment."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as stated in the long title ('relating to agricultural chemical products, fertilisers and veterinary products'). While it repealed three earlier Acts (Agricultural Chemicals Act 1955, Stock Foods Act 1941, Stock Medicines Act 1939) and consolidated their functions, the scope remains focused on control of use of these specific products. The 2023 amendment (not yet commenced) updates references to veterinary registration but does not expand scope."},"complexity_factors":["Extensive cross-referencing to the 'Agvet Code of South Australia' (the Agricultural and Veterinary Chemicals Act) – 15+ defined terms rely on external legislation","Nested conditional logic in offences – e.g., section 14 creates a four-level test for 'unauthorised manner' of treatment involving registration status, species classification (major vs minor trade species), and veterinary instructions","Multiple overlapping duties and exceptions – the general duty in section 5 is non-offence based but enforceable by compliance orders, creating a dual enforcement mechanism","Complex withholding period obligations with cascading responsibilities between veterinary surgeons (section 16) and animal managers (section 17), including identification and notification requirements","Incorporation by reference of external standards – the MRL Standard (Maximum Residue Limits) and approved labels are dynamically incorporated, meaning compliance depends on documents not contained in the Act itself","Defences with time-bound conditions – sections 6(2) and 14(3) create 'grace periods' for formerly registered products that can be modified by Gazette notice, adding regulatory uncertainty","Emergency powers with time limits – trade protection orders expire after 90 days (section 20(6)), emergency compliance orders expire after 72 hours unless confirmed (section 30(4))","Body corporate liability provisions (section 34) create two distinct fault standards – strict liability for 'prescribed offences' vs negligence-based for other offences"],"plain_english_summary":"This South Australian law regulates how agricultural chemicals (pesticides, herbicides), fertilisers, and veterinary medicines are used to protect human health, the environment, and trade in food products.\n\n**Who it affects:**\n- **Farmers and agricultural businesses** – must follow label instructions, observe waiting periods before selling treated animals or crops, and prevent chemical drift onto neighbouring land\n- **Veterinary surgeons** – must provide written instructions when treating food-producing animals and record withholding periods (the time between treatment and when meat/milk is safe to sell)\n- **Suppliers** – must ensure fertilisers meet standards and are properly labelled\n- **Anyone using chemicals** – must take reasonable care to prevent harm to people, animals, and the environment\n\n**Key rules:**\n- **Don't use unregistered chemicals** (unless you have a special permit)\n- **Follow the label** – mandatory instructions on registered products must be obeyed\n- **Observe withholding periods** – after treating animals or crops, you must wait the specified time before selling them for food to ensure chemical residues fall to safe levels\n- **Proper storage** – chemicals must be in suitable, clearly labelled containers (never food or drink containers)\n- **General duty of care** – everyone using these products must take reasonable steps to prevent contamination of neighbouring land, harm to people, or environmental damage\n\n**Enforcement:**\n- Authorised officers can inspect properties, take samples, seize evidence, and issue compliance orders\n- The Minister can issue **trade protection orders** to stop sale of contaminated products, recall products, or even destroy them to protect markets\n- Penalties range up to $35,000 for serious offences\n\n**Why it matters:**\nThis law protects South Australia's reputation for clean, safe agricultural products in domestic and export markets. It prevents chemical residues in food exceeding safe limits, protects neighbouring farmers from chemical drift, and ensures veterinary treatments don't compromise food safety."}},"importantCases":[],"_links":{"self":"/api/acts/agricultural-and-veterinary-products-control-of-use-act-2002","history":"/api/acts/agricultural-and-veterinary-products-control-of-use-act-2002/history","analysis":"/api/acts/agricultural-and-veterinary-products-control-of-use-act-2002/analysis","conflicts":"/api/acts/agricultural-and-veterinary-products-control-of-use-act-2002/conflicts","importantCases":"/api/acts/agricultural-and-veterinary-products-control-of-use-act-2002/important-cases","documents":"/api/acts/agricultural-and-veterinary-products-control-of-use-act-2002/documents"}}