{"id":"qld:act-1966-027","name":"Agricultural Chemicals Distribution Control Act 1966","slug":"agricultural-chemicals-distribution-control-act-1966","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"27 of 1966","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105604,"registerId":"qld-act-1966-027-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Agricultural Chemicals Distribution Control Act 1966 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement of pts 3 – 6","content":"### sec.2 Commencement of pts 3 – 6\n\nParts 3 and 4 shall come into operation on a date to be fixed by the Governor in Council by proclamation published in the gazette.\nThe same date may be so fixed in respect of both of those parts or different dates may be so fixed in respect of them respectively.\nParts 5 and 6 shall come into operation—\nto the extent to which the provisions of those parts relate to aerial distribution—on the date on which part 3 comes into operation; and\nto the extent to which the provisions of those parts relate to ground distribution—on the date on which part 4 comes into operation.\nNo provision of this section or proclamation made under this section shall limit or prejudice howsoever the power conferred upon the Governor in Council by section 3 .\n(sec.2-ssec.1) Parts 3 and 4 shall come into operation on a date to be fixed by the Governor in Council by proclamation published in the gazette.\n(sec.2-ssec.1A) The same date may be so fixed in respect of both of those parts or different dates may be so fixed in respect of them respectively.\n(sec.2-ssec.2) Parts 5 and 6 shall come into operation— to the extent to which the provisions of those parts relate to aerial distribution—on the date on which part 3 comes into operation; and to the extent to which the provisions of those parts relate to ground distribution—on the date on which part 4 comes into operation.\n(sec.2-ssec.3) No provision of this section or proclamation made under this section shall limit or prejudice howsoever the power conferred upon the Governor in Council by section 3 .\n- (a) to the extent to which the provisions of those parts relate to aerial distribution—on the date on which part 3 comes into operation; and\n- (b) to the extent to which the provisions of those parts relate to ground distribution—on the date on which part 4 comes into operation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Application of Act","content":"### sec.3 Application of Act\n\nThe Governor in Council, by regulation, may declare that this Act, or a specified provision of this Act, does not apply in a specified part of the State.\ns 3 sub 1994 No. 78 s 37 sch","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Act to bind Crown","content":"### sec.4 Act to bind Crown\n\nSave as where otherwise expressly provided in this Act, the provisions of this Act bind the Crown.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":null,"content":"### Section sec.5\n\ns 5 om 15 March 1995 RA s 36","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":"Definitions","content":"### sec.6 Definitions\n\nThe dictionary in the schedule defines particular words used in this Act.\ns 6 Note—prev s 6 contained definitions for this Act. Definitions are now\nlocated in the schedule—Dictionary.\nprev s 6 amd 1968 No. 38 s 2 (b) ; 1978 No. 68 s 2 ; 1994 No. 78 s 37 sch ; 2002 No. 76 s 4","sortOrder":6},{"sectionNumber":"sec.6A","sectionType":"section","heading":"Words and expressions used in Agvet Code and this Act","content":"### sec.6A Words and expressions used in Agvet Code and this Act\n\nWords and expressions used in the Agvet Code and this Act have the same meanings in this Act as they have in the Agvet Code.\nWords and expressions mentioned in subsection (1) that are expressly defined in section 3 of the Agvet Code are also signposted in the dictionary.\ns 6A ins 1994 No. 78 s 37 sch\namd 2002 No. 76 s 5\n(sec.6A-ssec.1) Words and expressions used in the Agvet Code and this Act have the same meanings in this Act as they have in the Agvet Code.\n(sec.6A-ssec.2) Words and expressions mentioned in subsection (1) that are expressly defined in section 3 of the Agvet Code are also signposted in the dictionary.","sortOrder":7},{"sectionNumber":"sec.6B","sectionType":"section","heading":"Reference to loss or damage","content":"### sec.6B Reference to loss or damage\n\nA reference in this Act to loss or damage caused by aerial or ground distribution, or by the distribution of agricultural chemicals by aerial or ground distribution, includes loss or damage caused by the drift of any agricultural chemical used in the distribution.\ns 6B ins 1994 No. 78 s 37 sch","sortOrder":8},{"sectionNumber":"pt.2","sectionType":"part","heading":"Administration","content":"# Administration","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Appointment of inspectors and analysts","content":"### sec.7 Appointment of inspectors and analysts\n\nThe chief executive may appoint a person to be an inspector or analyst.\nThe chief executive may appoint a person as an inspector or analyst only if the chief executive is satisfied the person has the necessary expertise or experience.\nIn this section—\ninspector does not include the standards officer or a deputy standards officer.\ns 7 sub 1994 No. 78 s 37 sch\namd 1996 No. 13 s 4\n(sec.7-ssec.1) The chief executive may appoint a person to be an inspector or analyst.\n(sec.7-ssec.2) The chief executive may appoint a person as an inspector or analyst only if the chief executive is satisfied the person has the necessary expertise or experience.\n(sec.7-ssec.3) In this section— inspector does not include the standards officer or a deputy standards officer.","sortOrder":10},{"sectionNumber":"sec.7A","sectionType":"section","heading":"Limitation of inspector’s powers","content":"### sec.7A Limitation of inspector’s powers\n\nThe powers of an inspector may be limited—\nunder a regulation; or\nunder a condition of appointment; or\nby written notice of the chief executive given to the inspector.\ns 7A ins 1983 No. 1 s 5\nsub 1994 No. 78 s 37 sch\n- (a) under a regulation; or\n- (b) under a condition of appointment; or\n- (c) by written notice of the chief executive given to the inspector.","sortOrder":11},{"sectionNumber":"sec.7B","sectionType":"section","heading":"Inspector’s identity card","content":"### sec.7B Inspector’s identity card\n\nThe chief executive must give each inspector an identity card.\nThe identity card must—\ncontain a recent photograph of the inspector; and\nbe signed by the inspector; and\nidentify the person as an inspector under this Act.\nA person who ceases to be an inspector must return the person’s identity card to the chief executive as soon as practicable (but within 21 days) after the person ceases to be an inspector, unless the person has a reasonable excuse for not returning it.\nMaximum penalty—10 penalty units.\nThis section does not prevent the giving of a single identity card to a person under this Act and for other Acts or purposes.\ns 7B ins 1994 No. 78 s 37 sch\n(sec.7B-ssec.1) The chief executive must give each inspector an identity card.\n(sec.7B-ssec.2) The identity card must— contain a recent photograph of the inspector; and be signed by the inspector; and identify the person as an inspector under this Act.\n(sec.7B-ssec.3) A person who ceases to be an inspector must return the person’s identity card to the chief executive as soon as practicable (but within 21 days) after the person ceases to be an inspector, unless the person has a reasonable excuse for not returning it. Maximum penalty—10 penalty units.\n(sec.7B-ssec.4) This section does not prevent the giving of a single identity card to a person under this Act and for other Acts or purposes.\n- (a) contain a recent photograph of the inspector; and\n- (b) be signed by the inspector; and\n- (c) identify the person as an inspector under this Act.","sortOrder":12},{"sectionNumber":"sec.7C","sectionType":"section","heading":"Production or display of inspector’s identity card","content":"### sec.7C Production or display of inspector’s identity card\n\nAn inspector may exercise a power under this Act in relation to someone else only if the inspector—\nfirst produces his or her identity card for the person’s inspection; or\nhas the identity card displayed so it is clearly visible to the person.\nHowever, if for any reason it is not practicable to comply with subsection (1) , the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity.\ns 7C ins 1994 No. 78 s 37 sch\n(sec.7C-ssec.1) An inspector may exercise a power under this Act in relation to someone else only if the inspector— first produces his or her identity card for the person’s inspection; or has the identity card displayed so it is clearly visible to the person.\n(sec.7C-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) , the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity.\n- (a) first produces his or her identity card for the person’s inspection; or\n- (b) has the identity card displayed so it is clearly visible to the person.","sortOrder":13},{"sectionNumber":"sec.8","sectionType":"section","heading":"Delegations by chief executive","content":"### sec.8 Delegations by chief executive\n\nThe chief executive may delegate the chief executive’s powers under this Act to the standards officer.\ns 8 sub 1994 No. 78 s 37 sch\n(8)–(9) exp 15 June 1995 (see s 8(9))\nsub 2013 No. 41 s 4","sortOrder":14},{"sectionNumber":"sec.9","sectionType":"section","heading":null,"content":"### Section sec.9\n\ns 9 sub 1994 No. 78 s 37 sch\nom 2013 No. 41 s 4","sortOrder":15},{"sectionNumber":"sec.9A","sectionType":"section","heading":null,"content":"### Section sec.9A\n\ns 9A ins 1994 No. 78 s 37 sch\nom 2013 No. 41 s 4","sortOrder":16},{"sectionNumber":"sec.9B","sectionType":"section","heading":null,"content":"### Section sec.9B\n\ns 9B ins 1994 No. 78 s 37 sch\nom 2013 No. 41 s 4","sortOrder":17},{"sectionNumber":"sec.9C","sectionType":"section","heading":null,"content":"### Section sec.9C\n\ns 9C ins 1994 No. 78 s 37 sch\nom 2013 No. 41 s 4","sortOrder":18},{"sectionNumber":"sec.10","sectionType":"section","heading":null,"content":"### Section sec.10\n\ns 10 amd 1983 No. 1 s 6\nom 2013 No. 41 s 4","sortOrder":19},{"sectionNumber":"sec.10A","sectionType":"section","heading":null,"content":"### Section sec.10A\n\ns 10A ins 1983 No. 1 s 7\nom 2013 No. 41 s 4","sortOrder":20},{"sectionNumber":"sec.10B","sectionType":"section","heading":null,"content":"### Section sec.10B\n\ns 10B ins 1983 No. 1 s 7\nsub 1994 No. 78 s 37 sch\nom 2013 No. 41 s 4","sortOrder":21},{"sectionNumber":"sec.11","sectionType":"section","heading":null,"content":"### Section sec.11\n\ns 11 om 1994 No. 78 s 37 sch","sortOrder":22},{"sectionNumber":"pt.3","sectionType":"part","heading":"Aerial distribution","content":"# Aerial distribution","sortOrder":23},{"sectionNumber":"sec.12","sectionType":"section","heading":"Pilot chemical rating licence","content":"### sec.12 Pilot chemical rating licence\n\nSubject to this Act, the chief executive may grant pilot chemical rating licences.\nA person may apply under section 17 for a pilot chemical rating licence if the person gives the chief executive evidence that the person holds—\nif the person intends to pilot a manned aircraft under the licence—the authorisation mentioned in subsection (3) ; and\nif the person intends to use an unmanned aircraft other than a balloon or a kite (a UAV ) under the licence—the authorisation mentioned in subsection (4) ; and\nthe qualification prescribed by regulation.\nFor subsection (2) (a) , the authorisation is a civil aviation authorisation under which the person may pilot (as pilot in command) the manned aircraft the person intends to use under the licence to carry out aerial distribution in the circumstances the person intends to carry out the aerial distribution.\naerial distribution to be conducted as a commercial operation\napplication of agricultural chemicals to crops to control pests\napplication of agricultural chemicals for mosquito control\nFor subsection (2) (b) , the authorisation is a civil aviation authorisation under which the person may act as the controller of the UAV the person intends to use under the licence to carry out aerial distribution in the circumstances the person intends to carry out the aerial distribution.\ns 12 amd 1994 No. 78 s 37 sch ; 2002 No. 76 s 33 sch 2 ; 2013 No. 41 s 5 ; 2015 No. 15 s 6\n(sec.12-ssec.1) Subject to this Act, the chief executive may grant pilot chemical rating licences.\n(sec.12-ssec.2) A person may apply under section 17 for a pilot chemical rating licence if the person gives the chief executive evidence that the person holds— if the person intends to pilot a manned aircraft under the licence—the authorisation mentioned in subsection (3) ; and if the person intends to use an unmanned aircraft other than a balloon or a kite (a UAV ) under the licence—the authorisation mentioned in subsection (4) ; and the qualification prescribed by regulation.\n(sec.12-ssec.3) For subsection (2) (a) , the authorisation is a civil aviation authorisation under which the person may pilot (as pilot in command) the manned aircraft the person intends to use under the licence to carry out aerial distribution in the circumstances the person intends to carry out the aerial distribution. aerial distribution to be conducted as a commercial operation application of agricultural chemicals to crops to control pests application of agricultural chemicals for mosquito control\n(sec.12-ssec.4) For subsection (2) (b) , the authorisation is a civil aviation authorisation under which the person may act as the controller of the UAV the person intends to use under the licence to carry out aerial distribution in the circumstances the person intends to carry out the aerial distribution.\n- (a) if the person intends to pilot a manned aircraft under the licence—the authorisation mentioned in subsection (3) ; and\n- (b) if the person intends to use an unmanned aircraft other than a balloon or a kite (a UAV ) under the licence—the authorisation mentioned in subsection (4) ; and\n- (c) the qualification prescribed by regulation.\n- • aerial distribution to be conducted as a commercial operation\n- • application of agricultural chemicals to crops to control pests\n- • application of agricultural chemicals for mosquito control","sortOrder":24},{"sectionNumber":"sec.13","sectionType":"section","heading":"Effect of termination or suspension of pilot’s licence","content":"### sec.13 Effect of termination or suspension of pilot’s licence\n\nIf by reason of expiration, cancellation or suspension a civil aviation authorisation mentioned in section 12 (3) or (4) of a person who holds a pilot chemical rating licence ceases to be in force then, on and from the date of such cesser and by virtue thereof, that chemical rating licence shall also cease to be in force.\nHowever, in the case of such cesser by suspension if the suspended licence is revived upon or by termination of the suspension the pilot chemical rating licence shall also be revived unless it has been sooner cancelled or further suspended.\ns 13 amd 2015 No. 15 s 7\n(sec.13-ssec.1) If by reason of expiration, cancellation or suspension a civil aviation authorisation mentioned in section 12 (3) or (4) of a person who holds a pilot chemical rating licence ceases to be in force then, on and from the date of such cesser and by virtue thereof, that chemical rating licence shall also cease to be in force.\n(sec.13-ssec.2) However, in the case of such cesser by suspension if the suspended licence is revived upon or by termination of the suspension the pilot chemical rating licence shall also be revived unless it has been sooner cancelled or further suspended.","sortOrder":25},{"sectionNumber":"sec.14","sectionType":"section","heading":"Certificate issued in another State","content":"### sec.14 Certificate issued in another State\n\nFor the purposes of the provisions of this Act relating to aerial distribution a certificate or licence issued under a law of any other State or Territory—\nwhich corresponds to a pilot chemical rating licence issued under this Act; and\nwhich is in force at any material time in the State or Territory in which it was issued;\nshall be equivalent in Queensland to a pilot chemical rating licence issued under this Act and shall have force and effect accordingly.\nThe provisions of sections 20 to 23 apply with respect to the operation in Queensland of a certificate or licence referred to in subsection (1) as if it were a pilot chemical rating licence issued under this Act and its operation in Queensland may be cancelled or suspended accordingly.\ns 14 amd 1983 No. 1 s 8\n(sec.14-ssec.1) For the purposes of the provisions of this Act relating to aerial distribution a certificate or licence issued under a law of any other State or Territory— which corresponds to a pilot chemical rating licence issued under this Act; and which is in force at any material time in the State or Territory in which it was issued; shall be equivalent in Queensland to a pilot chemical rating licence issued under this Act and shall have force and effect accordingly.\n(sec.14-ssec.3) The provisions of sections 20 to 23 apply with respect to the operation in Queensland of a certificate or licence referred to in subsection (1) as if it were a pilot chemical rating licence issued under this Act and its operation in Queensland may be cancelled or suspended accordingly.\n- (a) which corresponds to a pilot chemical rating licence issued under this Act; and\n- (b) which is in force at any material time in the State or Territory in which it was issued;","sortOrder":26},{"sectionNumber":"sec.15","sectionType":"section","heading":"Aerial distribution contractor licence","content":"### sec.15 Aerial distribution contractor licence\n\nSubject to this Act, the chief executive may grant aerial distribution contractor licences.\nA person may apply under section 17 for an aerial distribution contractor licence if the person gives the chief executive evidence that the person holds—\nif the person intends a manned aircraft to be used under the licence—the authorisation mentioned in subsection (3) ; and\nif the person intends a UAV to be used under the licence—the authorisation mentioned in subsection (4) .\nFor subsection (2) (a) , the authorisation is a civil aviation authorisation that is an AOC under which the aircraft the person intends to be used under the licence to carry out aerial distribution may operate in Australian territory for commercial purposes that are the distribution of agricultural chemicals.\nan AOC endorsed for aerial application operations to distribute agricultural chemicals\nFor subsection (2) (b) , the authorisation is a civil aviation authorisation under which the person may operate for hire or reward the UAV the person intends to be used under the licence to carry out aerial distribution in the circumstances the person intends to carry out the aerial distribution.\nthe area in which aerial distribution is to be carried out\napplication of agricultural chemicals to crops to control pests\napplication of agricultural chemicals for mosquito control\ns 15 sub 1983 No. 1 s 9\namd 1994 No. 78 s 37 sch ; 2002 No. 76 s 33 sch 2 ; 2013 No. 41 s 6 ; 2015 No. 15 s 8\n(sec.15-ssec.1) Subject to this Act, the chief executive may grant aerial distribution contractor licences.\n(sec.15-ssec.2) A person may apply under section 17 for an aerial distribution contractor licence if the person gives the chief executive evidence that the person holds— if the person intends a manned aircraft to be used under the licence—the authorisation mentioned in subsection (3) ; and if the person intends a UAV to be used under the licence—the authorisation mentioned in subsection (4) .\n(sec.15-ssec.3) For subsection (2) (a) , the authorisation is a civil aviation authorisation that is an AOC under which the aircraft the person intends to be used under the licence to carry out aerial distribution may operate in Australian territory for commercial purposes that are the distribution of agricultural chemicals. an AOC endorsed for aerial application operations to distribute agricultural chemicals\n(sec.15-ssec.4) For subsection (2) (b) , the authorisation is a civil aviation authorisation under which the person may operate for hire or reward the UAV the person intends to be used under the licence to carry out aerial distribution in the circumstances the person intends to carry out the aerial distribution. the area in which aerial distribution is to be carried out application of agricultural chemicals to crops to control pests application of agricultural chemicals for mosquito control\n- (a) if the person intends a manned aircraft to be used under the licence—the authorisation mentioned in subsection (3) ; and\n- (b) if the person intends a UAV to be used under the licence—the authorisation mentioned in subsection (4) .\n- • the area in which aerial distribution is to be carried out\n- • application of agricultural chemicals to crops to control pests\n- • application of agricultural chemicals for mosquito control","sortOrder":27},{"sectionNumber":"pt.4","sectionType":"part","heading":"Ground distribution","content":"# Ground distribution","sortOrder":28},{"sectionNumber":"sec.16","sectionType":"section","heading":"Commercial operators’ licence","content":"### sec.16 Commercial operators’ licence\n\nSubject to this Act, the chief executive may grant commercial operators’ licences of all or any of the classes thereof prescribed.\nA person who does not possess the qualifications prescribed for a particular class of commercial operator’s licence shall not be entitled to apply for and shall not be granted a commercial operator’s licence of that class.\ns 16 amd 1970 No. 18 s 2 ; 2002 No. 76 s 33 sch 2 ; 2013 No. 41 s 7\n(sec.16-ssec.1) Subject to this Act, the chief executive may grant commercial operators’ licences of all or any of the classes thereof prescribed.\n(sec.16-ssec.2) A person who does not possess the qualifications prescribed for a particular class of commercial operator’s licence shall not be entitled to apply for and shall not be granted a commercial operator’s licence of that class.","sortOrder":29},{"sectionNumber":"sec.16A","sectionType":"section","heading":"When pest management technician is taken to hold commercial operator’s licence","content":"### sec.16A When pest management technician is taken to hold commercial operator’s licence\n\nFor a provision of this Act relating to ground distribution, a pest management technician who holds a relevant pest management qualification is taken to hold a commercial operator’s licence.\nSections 20 to 23 apply, with necessary changes, to the operation, under this Act, of the pest management technician’s licence as if it were a commercial operator’s licence.\nFor subsection (2) , a reference in sections 20 to 23 to the suspension or cancellation of a commercial operator’s licence is taken to be a reference to the suspension or cancellation of the operation of the pest management technician’s licence under this Act as a commercial operator’s licence.\nIn subsection (1) —\npest management technician means the holder of a pest management licence under the Medicines and Poisons Act 2019 .\nrelevant pest management qualification means a qualification prescribed for the subsection under a regulation.\ns 16A ins 2002 No. 76 s 6\namd 2019 No. 26 s 290 sch 2\n(sec.16A-ssec.1) For a provision of this Act relating to ground distribution, a pest management technician who holds a relevant pest management qualification is taken to hold a commercial operator’s licence.\n(sec.16A-ssec.2) Sections 20 to 23 apply, with necessary changes, to the operation, under this Act, of the pest management technician’s licence as if it were a commercial operator’s licence.\n(sec.16A-ssec.3) For subsection (2) , a reference in sections 20 to 23 to the suspension or cancellation of a commercial operator’s licence is taken to be a reference to the suspension or cancellation of the operation of the pest management technician’s licence under this Act as a commercial operator’s licence.\n(sec.16A-ssec.4) In subsection (1) — pest management technician means the holder of a pest management licence under the Medicines and Poisons Act 2019 . relevant pest management qualification means a qualification prescribed for the subsection under a regulation.","sortOrder":30},{"sectionNumber":"sec.16B","sectionType":"section","heading":"Ground distribution contractor licence","content":"### sec.16B Ground distribution contractor licence\n\nThe chief executive may grant a ground distribution contractor’s licence.\ns 16B ins 2002 No. 76 s 6\namd 2013 No. 41 s 8","sortOrder":31},{"sectionNumber":"pt.5","sectionType":"part","heading":"Regulation of licensing","content":"# Regulation of licensing","sortOrder":32},{"sectionNumber":"sec.17","sectionType":"section","heading":"Application for licences","content":"### sec.17 Application for licences\n\nAn application for a licence must—\nbe made to the chief executive in the approved form; and\nbe accompanied by the fee (if any) prescribed by regulation.\nIf asked by the chief executive, the applicant must give the further relevant information or evidence the chief executive reasonably requires to decide the application.\nThe chief executive must consider an application for a licence and may grant, or refuse to grant, the licence.\nIf the chief executive decides to grant the application, the chief executive must as soon as practicable—\nissue a new licence to the applicant; and\nif the chief executive decides to impose a condition on the licence under section 17A (2) (a) or 17B (2) (a) when the licence is issued—give the licensee an information notice for the decision.\nThe chief executive may grant an application for a pilot chemical rating licence or commercial operator’s licence only if the chief executive is satisfied the applicant is at least 17 years of age.\nIf the chief executive decides to refuse to grant the application, the chief executive must, as soon as practicable—\ngive the applicant an information notice about the decision; and\nrefund the fee mentioned in subsection (1) (b) .\ns 17 amd 1983 No. 1 s 10\nsub 1994 No. 78 s 37 sch\namd 2002 No. 76 s 7 ; 2013 No. 41 s 9 ; 2015 No. 15 s 9\n(sec.17-ssec.1) An application for a licence must— be made to the chief executive in the approved form; and be accompanied by the fee (if any) prescribed by regulation.\n(sec.17-ssec.2) If asked by the chief executive, the applicant must give the further relevant information or evidence the chief executive reasonably requires to decide the application.\n(sec.17-ssec.3) The chief executive must consider an application for a licence and may grant, or refuse to grant, the licence.\n(sec.17-ssec.4) If the chief executive decides to grant the application, the chief executive must as soon as practicable— issue a new licence to the applicant; and if the chief executive decides to impose a condition on the licence under section 17A (2) (a) or 17B (2) (a) when the licence is issued—give the licensee an information notice for the decision.\n(sec.17-ssec.5) The chief executive may grant an application for a pilot chemical rating licence or commercial operator’s licence only if the chief executive is satisfied the applicant is at least 17 years of age.\n(sec.17-ssec.6) If the chief executive decides to refuse to grant the application, the chief executive must, as soon as practicable— give the applicant an information notice about the decision; and refund the fee mentioned in subsection (1) (b) .\n- (a) be made to the chief executive in the approved form; and\n- (b) be accompanied by the fee (if any) prescribed by regulation.\n- (a) issue a new licence to the applicant; and\n- (b) if the chief executive decides to impose a condition on the licence under section 17A (2) (a) or 17B (2) (a) when the licence is issued—give the licensee an information notice for the decision.\n- (a) give the applicant an information notice about the decision; and\n- (b) refund the fee mentioned in subsection (1) (b) .","sortOrder":33},{"sectionNumber":"sec.17A","sectionType":"section","heading":"Conditions of pilot chemical rating licence","content":"### sec.17A Conditions of pilot chemical rating licence\n\nA pilot chemical rating licence is subject to the following conditions—\nthe licensee must hold a civil aviation authorisation under which the licensee may—\nif the licensee is piloting a manned aircraft under the licence to carry out aerial distribution—pilot (as pilot in command) the aircraft in the circumstances the aerial distribution is being carried out; and\nif the licensee is using a UAV under the licence to carry out aerial distribution—act as the controller of the UAV in the circumstances the aerial distribution is being carried out;\nany reasonable conditions, imposed by the chief executive, that the chief executive considers appropriate for the proper control of aerial distribution carried out under the licence.\nThe chief executive may impose a condition under subsection (1) (b) —\nwhen the licence is issued or renewed; or\nat another time if the chief executive considers there is a risk relating to the licence that warrants the condition being imposed at that time.\nIf the chief executive decides to impose a condition on the licence under subsection (2) (b) , the chief executive must, as soon as practicable, give the licensee an information notice for the decision.\ns 17A ins 2015 No. 15 s 10\n(sec.17A-ssec.1) A pilot chemical rating licence is subject to the following conditions— the licensee must hold a civil aviation authorisation under which the licensee may— if the licensee is piloting a manned aircraft under the licence to carry out aerial distribution—pilot (as pilot in command) the aircraft in the circumstances the aerial distribution is being carried out; and if the licensee is using a UAV under the licence to carry out aerial distribution—act as the controller of the UAV in the circumstances the aerial distribution is being carried out; any reasonable conditions, imposed by the chief executive, that the chief executive considers appropriate for the proper control of aerial distribution carried out under the licence.\n(sec.17A-ssec.2) The chief executive may impose a condition under subsection (1) (b) — when the licence is issued or renewed; or at another time if the chief executive considers there is a risk relating to the licence that warrants the condition being imposed at that time.\n(sec.17A-ssec.3) If the chief executive decides to impose a condition on the licence under subsection (2) (b) , the chief executive must, as soon as practicable, give the licensee an information notice for the decision.\n- (a) the licensee must hold a civil aviation authorisation under which the licensee may— (i) if the licensee is piloting a manned aircraft under the licence to carry out aerial distribution—pilot (as pilot in command) the aircraft in the circumstances the aerial distribution is being carried out; and (ii) if the licensee is using a UAV under the licence to carry out aerial distribution—act as the controller of the UAV in the circumstances the aerial distribution is being carried out;\n- (i) if the licensee is piloting a manned aircraft under the licence to carry out aerial distribution—pilot (as pilot in command) the aircraft in the circumstances the aerial distribution is being carried out; and\n- (ii) if the licensee is using a UAV under the licence to carry out aerial distribution—act as the controller of the UAV in the circumstances the aerial distribution is being carried out;\n- (b) any reasonable conditions, imposed by the chief executive, that the chief executive considers appropriate for the proper control of aerial distribution carried out under the licence.\n- (i) if the licensee is piloting a manned aircraft under the licence to carry out aerial distribution—pilot (as pilot in command) the aircraft in the circumstances the aerial distribution is being carried out; and\n- (ii) if the licensee is using a UAV under the licence to carry out aerial distribution—act as the controller of the UAV in the circumstances the aerial distribution is being carried out;\n- (a) when the licence is issued or renewed; or\n- (b) at another time if the chief executive considers there is a risk relating to the licence that warrants the condition being imposed at that time.","sortOrder":34},{"sectionNumber":"sec.17B","sectionType":"section","heading":"Conditions of aerial distribution contractor licence","content":"### sec.17B Conditions of aerial distribution contractor licence\n\nAn aerial distribution contractor licence is subject to the following conditions—\nthe licensee must hold a civil aviation authorisation—\nif a manned aircraft is being used under the licence to carry out aerial distribution—that is an AOC under which the aircraft may operate in Australian territory for commercial purposes that are the distribution of agricultural chemicals; and\nif a UAV is being used under the licence to carry out aerial distribution—under which the licensee may operate for hire or reward the UAV in the circumstances the aerial distribution is being carried out;\nany reasonable conditions, imposed by the chief executive, that the chief executive considers appropriate for the proper control of aerial distribution carried out under the licence.\nThe chief executive may impose a condition under subsection (1) (b) —\nwhen the licence is issued or renewed; or\nat another time if the chief executive considers there is a risk relating to the licence that warrants the condition being imposed at that time.\nIf the chief executive decides to impose a condition on the licence under subsection (2) (b) , the chief executive must, as soon as practicable, give the licensee an information notice for the decision.\ns 17B ins 2015 No. 15 s 10\n(sec.17B-ssec.1) An aerial distribution contractor licence is subject to the following conditions— the licensee must hold a civil aviation authorisation— if a manned aircraft is being used under the licence to carry out aerial distribution—that is an AOC under which the aircraft may operate in Australian territory for commercial purposes that are the distribution of agricultural chemicals; and if a UAV is being used under the licence to carry out aerial distribution—under which the licensee may operate for hire or reward the UAV in the circumstances the aerial distribution is being carried out; any reasonable conditions, imposed by the chief executive, that the chief executive considers appropriate for the proper control of aerial distribution carried out under the licence.\n(sec.17B-ssec.2) The chief executive may impose a condition under subsection (1) (b) — when the licence is issued or renewed; or at another time if the chief executive considers there is a risk relating to the licence that warrants the condition being imposed at that time.\n(sec.17B-ssec.3) If the chief executive decides to impose a condition on the licence under subsection (2) (b) , the chief executive must, as soon as practicable, give the licensee an information notice for the decision.\n- (a) the licensee must hold a civil aviation authorisation— (i) if a manned aircraft is being used under the licence to carry out aerial distribution—that is an AOC under which the aircraft may operate in Australian territory for commercial purposes that are the distribution of agricultural chemicals; and (ii) if a UAV is being used under the licence to carry out aerial distribution—under which the licensee may operate for hire or reward the UAV in the circumstances the aerial distribution is being carried out;\n- (i) if a manned aircraft is being used under the licence to carry out aerial distribution—that is an AOC under which the aircraft may operate in Australian territory for commercial purposes that are the distribution of agricultural chemicals; and\n- (ii) if a UAV is being used under the licence to carry out aerial distribution—under which the licensee may operate for hire or reward the UAV in the circumstances the aerial distribution is being carried out;\n- (b) any reasonable conditions, imposed by the chief executive, that the chief executive considers appropriate for the proper control of aerial distribution carried out under the licence.\n- (i) if a manned aircraft is being used under the licence to carry out aerial distribution—that is an AOC under which the aircraft may operate in Australian territory for commercial purposes that are the distribution of agricultural chemicals; and\n- (ii) if a UAV is being used under the licence to carry out aerial distribution—under which the licensee may operate for hire or reward the UAV in the circumstances the aerial distribution is being carried out;\n- (a) when the licence is issued or renewed; or\n- (b) at another time if the chief executive considers there is a risk relating to the licence that warrants the condition being imposed at that time.","sortOrder":35},{"sectionNumber":"sec.17C","sectionType":"section","heading":"Licence holder must not contravene condition of licence","content":"### sec.17C Licence holder must not contravene condition of licence\n\nThe holder of a licence must not contravene a condition of the licence unless the holder has a reasonable excuse.\nMaximum penalty—100 penalty units.\nThe penalty under subsection (1) may be imposed whether or not the licence is suspended or cancelled because of the contravention.\ns 17C ins 2015 No. 15 s 10\n(sec.17C-ssec.1) The holder of a licence must not contravene a condition of the licence unless the holder has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.17C-ssec.2) The penalty under subsection (1) may be imposed whether or not the licence is suspended or cancelled because of the contravention.","sortOrder":36},{"sectionNumber":"sec.18","sectionType":"section","heading":"Term of licence","content":"### sec.18 Term of licence\n\nA licence has effect from the day it is issued.\nThe chief executive may issue, or renew, a licence for up to 3 years.\ns 18 amd 1983 No. 1 s 11\nsub 2002 No. 76 s 8\namd 2013 No. 41 s 10\n(sec.18-ssec.1) A licence has effect from the day it is issued.\n(sec.18-ssec.2) The chief executive may issue, or renew, a licence for up to 3 years.","sortOrder":37},{"sectionNumber":"sec.19","sectionType":"section","heading":"Renewal of licence","content":"### sec.19 Renewal of licence\n\nA licensee may apply to the chief executive to renew a licence within 60 days before the licence expires.\nIf the chief executive does not receive an application to renew a licence by the day the licence is to expire, the licence expires.\nThe application must be—\nmade in the approved form; and\naccompanied by the fee prescribed under a regulation.\nThe applicant must give the chief executive any relevant information or document the chief executive reasonably requires to decide the application.\nThe chief executive must consider the application and either grant, or refuse to grant, the application.\nIf the chief executive decides to grant the application, the chief executive must as soon as practicable—\nissue a new licence to the applicant; and\nif the chief executive decides to impose a condition on the licence under section 17A (2) (a) or 17B (2) (a) when the licence is renewed—give the licensee an information notice for the decision.\nThe new licence takes effect from the day the licence being renewed would otherwise have expired.\nIf the chief executive decides to refuse to grant the application, the chief executive must, as soon as practicable—\ngive the applicant an information notice about the decision; and\nrefund the fee mentioned in subsection (3) (b) .\ns 19 amd 1983 No. 1 s 12 ; 1994 No. 78 s 37 sch\nsub 2002 No. 76 s 8\namd 2013 No. 41 s 11 ; 2015 No. 15 s 11\n(sec.19-ssec.1) A licensee may apply to the chief executive to renew a licence within 60 days before the licence expires.\n(sec.19-ssec.2) If the chief executive does not receive an application to renew a licence by the day the licence is to expire, the licence expires.\n(sec.19-ssec.3) The application must be— made in the approved form; and accompanied by the fee prescribed under a regulation.\n(sec.19-ssec.4) The applicant must give the chief executive any relevant information or document the chief executive reasonably requires to decide the application.\n(sec.19-ssec.5) The chief executive must consider the application and either grant, or refuse to grant, the application.\n(sec.19-ssec.6) If the chief executive decides to grant the application, the chief executive must as soon as practicable— issue a new licence to the applicant; and if the chief executive decides to impose a condition on the licence under section 17A (2) (a) or 17B (2) (a) when the licence is renewed—give the licensee an information notice for the decision.\n(sec.19-ssec.7) The new licence takes effect from the day the licence being renewed would otherwise have expired.\n(sec.19-ssec.8) If the chief executive decides to refuse to grant the application, the chief executive must, as soon as practicable— give the applicant an information notice about the decision; and refund the fee mentioned in subsection (3) (b) .\n- (a) made in the approved form; and\n- (b) accompanied by the fee prescribed under a regulation.\n- (a) issue a new licence to the applicant; and\n- (b) if the chief executive decides to impose a condition on the licence under section 17A (2) (a) or 17B (2) (a) when the licence is renewed—give the licensee an information notice for the decision.\n- (a) give the applicant an information notice about the decision; and\n- (b) refund the fee mentioned in subsection (3) (b) .","sortOrder":38},{"sectionNumber":"sec.19A","sectionType":"section","heading":"Expiring licence continues in force","content":"### sec.19A Expiring licence continues in force\n\nIf a licensee has applied, under section 19 , to renew a licence, the licence continues in force from the day it would, apart from this section, have expired until—\nif the application is granted—a new licence is issued to the applicant; or\nif the application is withdrawn—the day the application is withdrawn; or\nif the application is refused—the day the information notice about the decision is given to the applicant.\nSubsection (1) does not apply if the licence is earlier suspended or cancelled.\ns 19A ins 2002 No. 76 s 8\n(sec.19A-ssec.1) If a licensee has applied, under section 19 , to renew a licence, the licence continues in force from the day it would, apart from this section, have expired until— if the application is granted—a new licence is issued to the applicant; or if the application is withdrawn—the day the application is withdrawn; or if the application is refused—the day the information notice about the decision is given to the applicant.\n(sec.19A-ssec.2) Subsection (1) does not apply if the licence is earlier suspended or cancelled.\n- (a) if the application is granted—a new licence is issued to the applicant; or\n- (b) if the application is withdrawn—the day the application is withdrawn; or\n- (c) if the application is refused—the day the information notice about the decision is given to the applicant.","sortOrder":39},{"sectionNumber":"sec.19B","sectionType":"section","heading":"Notice of change in circumstances","content":"### sec.19B Notice of change in circumstances\n\nSubsection (2) applies if there is a change of the following type in a licensee’s circumstances—\na change in the licensee’s name or address;\nanother change in the licensee’s circumstances prescribed under a regulation.\nThe licensee must, within 21 days after the change, give the chief executive written notice of the change.\nMaximum penalty—10 penalty units.\ns 19B ins 2002 No. 76 s 8\namd 2013 No. 41 s 12\n(sec.19B-ssec.1) Subsection (2) applies if there is a change of the following type in a licensee’s circumstances— a change in the licensee’s name or address; another change in the licensee’s circumstances prescribed under a regulation.\n(sec.19B-ssec.2) The licensee must, within 21 days after the change, give the chief executive written notice of the change. Maximum penalty—10 penalty units.\n- (a) a change in the licensee’s name or address;\n- (b) another change in the licensee’s circumstances prescribed under a regulation.","sortOrder":40},{"sectionNumber":"sec.20","sectionType":"section","heading":"Suspension of licence by standards officer","content":"### sec.20 Suspension of licence by standards officer\n\nWhere the standards officer is of the opinion that it is in the public interest that a licence should be suspended during any investigation into any act or omission alleged to have been committed by the licensee, the standards officer may suspend that licence for such period, not being in excess of 1 month, as the standards officer thinks fit; and such suspension shall remain in force for such period unless sooner removed by the chief executive.\ns 20 amd 2013 No. 41 s 13","sortOrder":41},{"sectionNumber":"sec.21","sectionType":"section","heading":"Grounds for suspension or cancellation of licence by chief executive","content":"### sec.21 Grounds for suspension or cancellation of licence by chief executive\n\nEach of the following is a ground for suspending or cancelling a licence under section 21D —\nthe licensee has committed an offence against this Act or the Medicines and Poisons Act 2019 , section 47 ;\nthe licensee has done an act or made an omission that would not entitle the licensee to apply for a licence of the type held by the licensee;\nthe licence was issued because of a materially false, fraudulent or misleading document, representation or declaration;\nthe licensee is not, or is no longer, an appropriate person to continue to hold the licence;\nthe licensee has contravened a condition of the licence;\nif the licence is an aerial distribution contractor licence or a ground distribution contractor licence—the licensed distribution contractor has not complied with a request made by the standards officer under section 26 (2) .\ns 21 amd 1983 No. 1 s 13 ; 1994 No. 78 s 37 sch ; 2002 No. 76 s 9\nsub 2013 No. 41 s 14\namd 2015 No. 15 s 12 ; 2019 No. 26 s 290 sch 2\n- (a) the licensee has committed an offence against this Act or the Medicines and Poisons Act 2019 , section 47 ;\n- (b) the licensee has done an act or made an omission that would not entitle the licensee to apply for a licence of the type held by the licensee;\n- (c) the licence was issued because of a materially false, fraudulent or misleading document, representation or declaration;\n- (d) the licensee is not, or is no longer, an appropriate person to continue to hold the licence;\n- (e) the licensee has contravened a condition of the licence;\n- (f) if the licence is an aerial distribution contractor licence or a ground distribution contractor licence—the licensed distribution contractor has not complied with a request made by the standards officer under section 26 (2) .","sortOrder":42},{"sectionNumber":"sec.21A","sectionType":"section","heading":"Show cause notice","content":"### sec.21A Show cause notice\n\nThis section applies if the chief executive believes a ground exists to suspend or cancel a licence (the proposed action ).\nBefore taking the proposed action, the chief executive must give the licensee a notice (a show cause notice ) stating the following—\nthe proposed action;\nthe grounds for the proposed action;\nan outline of the facts and circumstances forming the basis for the grounds;\nif the proposed action is suspension of the licence—the proposed suspension period;\nthat the licensee may, within a stated period (the show cause period ), make written representations to the chief executive to show why the proposed action should not be taken.\nThe show cause period must end at least 21 days after the licensee is given the show cause notice.\ns 21A ins 2013 No. 41 s 14\n(sec.21A-ssec.1) This section applies if the chief executive believes a ground exists to suspend or cancel a licence (the proposed action ).\n(sec.21A-ssec.2) Before taking the proposed action, the chief executive must give the licensee a notice (a show cause notice ) stating the following— the proposed action; the grounds for the proposed action; an outline of the facts and circumstances forming the basis for the grounds; if the proposed action is suspension of the licence—the proposed suspension period; that the licensee may, within a stated period (the show cause period ), make written representations to the chief executive to show why the proposed action should not be taken.\n(sec.21A-ssec.3) The show cause period must end at least 21 days after the licensee is given the show cause notice.\n- (a) the proposed action;\n- (b) the grounds for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the grounds;\n- (d) if the proposed action is suspension of the licence—the proposed suspension period;\n- (e) that the licensee may, within a stated period (the show cause period ), make written representations to the chief executive to show why the proposed action should not be taken.","sortOrder":43},{"sectionNumber":"sec.21B","sectionType":"section","heading":"Representations about show cause notice","content":"### sec.21B Representations about show cause notice\n\nThe licensee may, within the show cause period, make written representations to the chief executive about why the proposed action should not be taken.\nThe chief executive must consider all representations (the accepted representations ) made under subsection (1) .\ns 21B ins 2013 No. 41 s 14\n(sec.21B-ssec.1) The licensee may, within the show cause period, make written representations to the chief executive about why the proposed action should not be taken.\n(sec.21B-ssec.2) The chief executive must consider all representations (the accepted representations ) made under subsection (1) .","sortOrder":44},{"sectionNumber":"sec.21C","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.21C Ending show cause process without further action\n\nIf, after considering the accepted representations for a show cause notice, the chief executive no longer believes a ground exists to suspend or cancel the licence, the chief executive—\nmust not take any further action about the show cause notice; and\nmust give the licensee a notice that no further action is to be taken about the show cause notice.\ns 21C ins 2013 No. 41 s 14\n- (a) must not take any further action about the show cause notice; and\n- (b) must give the licensee a notice that no further action is to be taken about the show cause notice.","sortOrder":45},{"sectionNumber":"sec.21D","sectionType":"section","heading":"Suspension or cancellation of licence","content":"### sec.21D Suspension or cancellation of licence\n\nThis section applies if—\nthere are no accepted representations for a show cause notice; or\nafter considering the accepted representations for a show cause notice, the chief executive—\nstill believes a ground exists to suspend or cancel the licence; and\nbelieves suspension or cancellation of the licence is warranted.\nThe chief executive may—\nif the proposed action was to suspend the licence—suspend the licence for no longer than the proposed suspension period; or\nif the proposed action was to cancel the licence—cancel the licence or suspend it for a period.\nIf the chief executive decides to take action under subsection (2) , the chief executive must as soon as practicable give the licensee an information notice for the decision.\nThe decision takes effect on the later of the following days—\nthe day the information notice is given to the licensee;\nthe day stated in the information notice for that purpose.\ns 21D ins 2013 No. 41 s 14\n(sec.21D-ssec.1) This section applies if— there are no accepted representations for a show cause notice; or after considering the accepted representations for a show cause notice, the chief executive— still believes a ground exists to suspend or cancel the licence; and believes suspension or cancellation of the licence is warranted.\n(sec.21D-ssec.2) The chief executive may— if the proposed action was to suspend the licence—suspend the licence for no longer than the proposed suspension period; or if the proposed action was to cancel the licence—cancel the licence or suspend it for a period.\n(sec.21D-ssec.3) If the chief executive decides to take action under subsection (2) , the chief executive must as soon as practicable give the licensee an information notice for the decision.\n(sec.21D-ssec.4) The decision takes effect on the later of the following days— the day the information notice is given to the licensee; the day stated in the information notice for that purpose.\n- (a) there are no accepted representations for a show cause notice; or\n- (b) after considering the accepted representations for a show cause notice, the chief executive— (i) still believes a ground exists to suspend or cancel the licence; and (ii) believes suspension or cancellation of the licence is warranted.\n- (i) still believes a ground exists to suspend or cancel the licence; and\n- (ii) believes suspension or cancellation of the licence is warranted.\n- (i) still believes a ground exists to suspend or cancel the licence; and\n- (ii) believes suspension or cancellation of the licence is warranted.\n- (a) if the proposed action was to suspend the licence—suspend the licence for no longer than the proposed suspension period; or\n- (b) if the proposed action was to cancel the licence—cancel the licence or suspend it for a period.\n- (a) the day the information notice is given to the licensee;\n- (b) the day stated in the information notice for that purpose.","sortOrder":46},{"sectionNumber":"sec.22","sectionType":"section","heading":"Right of review by QCAT","content":"### sec.22 Right of review by QCAT\n\nThis section applies to a decision of the chief executive—\nto refuse an application for a licence or the renewal of a licence; or\nto impose a condition on a licence; or\nto suspend or cancel a licence.\nThe applicant or licensee may apply, as provided under the QCAT Act , to QCAT for a review of the decision.\ns 22 sub 1994 No. 78 s 37 sch\namd 2009 No. 24 s 296 ; 2013 No. 41 s 15 ; 2015 No. 15 s 13\n(sec.22-ssec.1) This section applies to a decision of the chief executive— to refuse an application for a licence or the renewal of a licence; or to impose a condition on a licence; or to suspend or cancel a licence.\n(sec.22-ssec.2) The applicant or licensee may apply, as provided under the QCAT Act , to QCAT for a review of the decision.\n- (a) to refuse an application for a licence or the renewal of a licence; or\n- (b) to impose a condition on a licence; or\n- (c) to suspend or cancel a licence.","sortOrder":47},{"sectionNumber":"sec.22A","sectionType":"section","heading":null,"content":"### Section sec.22A\n\ns 22A ins 1994 No. 78 s 37 sch\nom 2009 No. 24 s 297","sortOrder":48},{"sectionNumber":"sec.22B","sectionType":"section","heading":null,"content":"### Section sec.22B\n\ns 22B ins 1994 No. 78 s 37 sch\nom 2009 No. 24 s 297","sortOrder":49},{"sectionNumber":"sec.22C","sectionType":"section","heading":null,"content":"### Section sec.22C\n\ns 22C ins 1994 No. 78 s 37 sch\namd 1995 No. 57 s 4 sch 1\nom 2009 No. 24 s 297","sortOrder":50},{"sectionNumber":"sec.22D","sectionType":"section","heading":null,"content":"### Section sec.22D\n\ns 22D ins 1994 No. 78 s 37 sch\nom 2009 No. 24 s 297","sortOrder":51},{"sectionNumber":"sec.22E","sectionType":"section","heading":null,"content":"### Section sec.22E\n\ns 22E ins 1994 No. 78 s 37 sch\namd 1999 No. 19 s 3 sch\nom 2009 No. 24 s 297","sortOrder":52},{"sectionNumber":"sec.23","sectionType":"section","heading":"Effect of suspension","content":"### sec.23 Effect of suspension\n\nSuspension of a licence (whether by QCAT, the chief executive or standards officer)—\nshall, whilst such licence is so suspended, have the same effect as the cancellation of the licence;\nshall, whilst such licence is so suspended, prohibit the issuing to the person who held that licence of any licence under this Act;\nshall not, upon the termination of that suspension extend the period during which that licence would have remained in force if it had not been so suspended.\ns 23 amd 1994 No. 78 s 37 sch ; 2009 No. 24 s 298\n- (a) shall, whilst such licence is so suspended, have the same effect as the cancellation of the licence;\n- (b) shall, whilst such licence is so suspended, prohibit the issuing to the person who held that licence of any licence under this Act;\n- (c) shall not, upon the termination of that suspension extend the period during which that licence would have remained in force if it had not been so suspended.","sortOrder":53},{"sectionNumber":"sec.24","sectionType":"section","heading":"Register","content":"### sec.24 Register\n\nThe standards officer shall in the prescribed manner keep a register in which the names and the prescribed particulars of all licensees shall be entered.\nThe register shall be open for public inspection at all reasonable times.\ns 24 amd 1983 No. 1 s 14\n(sec.24-ssec.1) The standards officer shall in the prescribed manner keep a register in which the names and the prescribed particulars of all licensees shall be entered.\n(sec.24-ssec.2) The register shall be open for public inspection at all reasonable times.","sortOrder":54},{"sectionNumber":"sec.25","sectionType":"section","heading":null,"content":"### Section sec.25\n\ns 25 amd 1968 No. 38 s 3\nsub 1970 No. 18 s 3\namd 1994 No. 78 s 37 sch ; 2000 No. 20 s 29 sch 3\nom 2002 No. 76 s 10","sortOrder":55},{"sectionNumber":"pt.6","sectionType":"part","heading":"Regulation of distribution","content":"# Regulation of distribution","sortOrder":56},{"sectionNumber":"sec.26","sectionType":"section","heading":"Records to be kept","content":"### sec.26 Records to be kept\n\nA distribution contractor must make a record of the following particulars, namely—\nin the case of aerial distribution—the name of the pilot in command and the registration mark of the aircraft concerned;\nin the case of ground distribution—the name of the licensed commercial operator carrying out or supervising the carrying out of such distribution;\nthe name and address of the person or persons for whom such distribution is being carried out;\nfor each agricultural chemical used in the distribution—particulars to identify the chemical and, if the chemical has a distinguishing number, the number;\nname of the chemical\nname of the manufacturer of the chemical\nname and amount of the active constituent in the chemical\na description of any diluent, wetter, spreader, emulsifier or other material added to an agricultural chemical used in the distribution;\nthe description or the exact location of the land so treated including distances and directions from the nearest town site so that the land may be readily identified;\nthe date and the time of such distribution;\nthe estimated velocity and direction of the wind at the time and place of the distribution, any change in the velocity or direction during the distribution, and the time of the change;\nthe quantity and concentration and the total volume of the agricultural chemical applied during such distribution;\nthe total area covered by such distribution;\nthe type of crop treated;\nthe purpose or purposes for which such distribution was carried out;\nsuch other particulars and matters as may be prescribed;\nand shall keep such record or cause it to be kept for a period of 2 years after such distribution.\nAt the request in writing of the standards officer a copy of the record kept pursuant to subsection (1) shall within the period and in the manner specified in the request be furnished to the standards officer by the distribution contractor.\nA person who fails—\nto make or cause to be made a record required by subsection (1) to be made;\nto keep or cause to be kept a record required by subsection (1) to be kept;\nto comply with a request made pursuant to subsection (2) ;\nshall be guilty of an offence against this Act.\nMaximum penalty—20 penalty units.\nAny person who with intent to defraud or deceive any other person—\nalters or falsifies any record made pursuant to this section; or\nmakes or concurs in the making of any false or fraudulent entry in any such record; or\nomits or concurs in omitting any material particular from any such record;\nshall be guilty of an offence against this Act.\nMaximum penalty—\non indictment—50 penalty units or imprisonment for 5 years; or\non a summary proceeding—50 penalty units or imprisonment for 1 year.\nSee section 44 .\ns 26 amd 1968 No. 38 s 4 ; 1972 No. 31 s 6 sch 1 ; 1978 No. 68 s 3 ; 1983 No. 1 s 15 ; 1994 No. 78 s 37 sch ; 2002 No. 76 s 11 ; 2015 No. 15 s 14\n(sec.26-ssec.1) A distribution contractor must make a record of the following particulars, namely— in the case of aerial distribution—the name of the pilot in command and the registration mark of the aircraft concerned; in the case of ground distribution—the name of the licensed commercial operator carrying out or supervising the carrying out of such distribution; the name and address of the person or persons for whom such distribution is being carried out; for each agricultural chemical used in the distribution—particulars to identify the chemical and, if the chemical has a distinguishing number, the number; name of the chemical name of the manufacturer of the chemical name and amount of the active constituent in the chemical a description of any diluent, wetter, spreader, emulsifier or other material added to an agricultural chemical used in the distribution; the description or the exact location of the land so treated including distances and directions from the nearest town site so that the land may be readily identified; the date and the time of such distribution; the estimated velocity and direction of the wind at the time and place of the distribution, any change in the velocity or direction during the distribution, and the time of the change; the quantity and concentration and the total volume of the agricultural chemical applied during such distribution; the total area covered by such distribution; the type of crop treated; the purpose or purposes for which such distribution was carried out; such other particulars and matters as may be prescribed; and shall keep such record or cause it to be kept for a period of 2 years after such distribution.\n(sec.26-ssec.2) At the request in writing of the standards officer a copy of the record kept pursuant to subsection (1) shall within the period and in the manner specified in the request be furnished to the standards officer by the distribution contractor.\n(sec.26-ssec.2A) A person who fails— to make or cause to be made a record required by subsection (1) to be made; to keep or cause to be kept a record required by subsection (1) to be kept; to comply with a request made pursuant to subsection (2) ; shall be guilty of an offence against this Act. Maximum penalty—20 penalty units.\n(sec.26-ssec.3) Any person who with intent to defraud or deceive any other person— alters or falsifies any record made pursuant to this section; or makes or concurs in the making of any false or fraudulent entry in any such record; or omits or concurs in omitting any material particular from any such record; shall be guilty of an offence against this Act. Maximum penalty— on indictment—50 penalty units or imprisonment for 5 years; or on a summary proceeding—50 penalty units or imprisonment for 1 year. See section 44 .\n- (a) in the case of aerial distribution—the name of the pilot in command and the registration mark of the aircraft concerned;\n- (b) in the case of ground distribution—the name of the licensed commercial operator carrying out or supervising the carrying out of such distribution;\n- (c) the name and address of the person or persons for whom such distribution is being carried out;\n- (d) for each agricultural chemical used in the distribution—particulars to identify the chemical and, if the chemical has a distinguishing number, the number; Examples of particulars for paragraph (d) — 1 name of the chemical 2 name of the manufacturer of the chemical 3 name and amount of the active constituent in the chemical\n- 1 name of the chemical\n- 2 name of the manufacturer of the chemical\n- 3 name and amount of the active constituent in the chemical\n- (e) a description of any diluent, wetter, spreader, emulsifier or other material added to an agricultural chemical used in the distribution;\n- (f) the description or the exact location of the land so treated including distances and directions from the nearest town site so that the land may be readily identified;\n- (g) the date and the time of such distribution;\n- (h) the estimated velocity and direction of the wind at the time and place of the distribution, any change in the velocity or direction during the distribution, and the time of the change;\n- (i) the quantity and concentration and the total volume of the agricultural chemical applied during such distribution;\n- (j) the total area covered by such distribution;\n- (k) the type of crop treated;\n- (l) the purpose or purposes for which such distribution was carried out;\n- (m) such other particulars and matters as may be prescribed;\n- 1 name of the chemical\n- 2 name of the manufacturer of the chemical\n- 3 name and amount of the active constituent in the chemical\n- (a) to make or cause to be made a record required by subsection (1) to be made;\n- (b) to keep or cause to be kept a record required by subsection (1) to be kept;\n- (c) to comply with a request made pursuant to subsection (2) ;\n- (a) alters or falsifies any record made pursuant to this section; or\n- (b) makes or concurs in the making of any false or fraudulent entry in any such record; or\n- (c) omits or concurs in omitting any material particular from any such record;\n- (a) on indictment—50 penalty units or imprisonment for 5 years; or\n- (b) on a summary proceeding—50 penalty units or imprisonment for 1 year.","sortOrder":57},{"sectionNumber":"sec.27","sectionType":"section","heading":"Production of distribution records","content":"### sec.27 Production of distribution records\n\nThis section applies to a record of a distribution that a person is required under section 26 to keep for 2 years after the distribution.\nAn inspector may, within the 2 years, ask the person to produce the record for inspection.\nThe person must immediately produce the record for inspection by the inspector, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nThe inspector may keep the record to make a copy of it.\nHowever, the inspector must return the record to the person as soon as practicable after making a copy of it.\ns 27 amd 1978 No. 68 s 4 ; 1983 No. 1 s 16\nsub 1994 No. 78 s 37 sch\n(sec.27-ssec.1) This section applies to a record of a distribution that a person is required under section 26 to keep for 2 years after the distribution.\n(sec.27-ssec.2) An inspector may, within the 2 years, ask the person to produce the record for inspection.\n(sec.27-ssec.3) The person must immediately produce the record for inspection by the inspector, unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.27-ssec.4) The inspector may keep the record to make a copy of it.\n(sec.27-ssec.5) However, the inspector must return the record to the person as soon as practicable after making a copy of it.","sortOrder":58},{"sectionNumber":"sec.28","sectionType":"section","heading":"Hazardous areas","content":"### sec.28 Hazardous areas\n\nA regulation may declare an area to be a hazardous area and prescribe conditions for carrying out aerial or ground distribution in the area.\nThe chief executive must publish a notice of the declaration and conditions in a newspaper circulating generally in the hazardous area.\ns 28 sub 1994 No. 78 s 37 sch\n(sec.28-ssec.1) A regulation may declare an area to be a hazardous area and prescribe conditions for carrying out aerial or ground distribution in the area.\n(sec.28-ssec.2) The chief executive must publish a notice of the declaration and conditions in a newspaper circulating generally in the hazardous area.","sortOrder":59},{"sectionNumber":"sec.29","sectionType":"section","heading":"Carrying out of distributions in hazardous areas","content":"### sec.29 Carrying out of distributions in hazardous areas\n\nA person must not carry out aerial or ground distribution in a hazardous area unless the distribution is carried out under the conditions prescribed by regulation for the area.\nMaximum penalty—100 penalty units or imprisonment for 6 months.\ns 29 amd 1983 No. 1 s 17\nsub 1994 No. 78 s 37 sch","sortOrder":60},{"sectionNumber":"sec.30","sectionType":"section","heading":null,"content":"### Section sec.30\n\ns 30 amd 1978 No. 68 s 5 ; 1994 No. 78 s 37 sch\nom 2015 No. 15 s 15","sortOrder":61},{"sectionNumber":"sec.31","sectionType":"section","heading":null,"content":"### Section sec.31\n\ns 31 sub 1994 No. 78 s 37 sch\namd 2013 No. 41 s 16\nom 2015 No. 15 s 15","sortOrder":62},{"sectionNumber":"sec.32","sectionType":"section","heading":null,"content":"### Section sec.32\n\ns 32 amd 1978 No. 68 s 6 ; 1983 No. 1 s 18 ; 1994 No. 78 s 37 sch ; 2013 No. 41 s 17\nom 2015 No. 15 s 15","sortOrder":63},{"sectionNumber":"sec.33","sectionType":"section","heading":null,"content":"### Section sec.33\n\ns 33 amd 1978 No. 68 s 7 ; 1994 No. 78 s 37 sch ; 2013 No. 41 s 18\nom 2015 No. 15 s 15","sortOrder":64},{"sectionNumber":"sec.34","sectionType":"section","heading":"Powers of inspectors","content":"### sec.34 Powers of inspectors\n\nAn inspector may—\nenter any place where—\nthere is or the inspector has reasonable ground to believe there is or will be any aircraft or ground equipment which the inspector reasonably believes to be used or intended to be used for aerial or ground distribution;\nthe inspector has reasonable ground to believe aerial or ground distribution is being, has been or will be carried out;\nsearch therein for any crop, material, aircraft, aerial equipment, ground equipment, loading equipment or mixing equipment;\ninspect and examine or cause to be inspected and examined any crop, material, aircraft, aerial equipment, ground equipment, loading equipment or mixing equipment found therein;\nopen or cause to be opened any package, container, bin, tank or hopper found therein that contains or that the inspector has reasonable ground to believe contains an agricultural chemical;\nselect and take or cause to be selected and taken, and remove or cause to be removed for analysis any crop or material found therein or any other matter found therein that the inspector suspects is an agricultural chemical, or portions or samples of any such crop, material or matter;\nask anyone the inspector considers can help, to help the inspector search, inspect, examine, open, select, take or remove anything on the place;\nquestion with respect to matters under this Act any person; and require any person to answer the questions put and to sign a declaration of the truth of the person’s answers.\nNo provision of subsection (1) or of section 40 shall be construed so as—\nto oblige any person to answer any question or make any statement which answer or statement would or would tend to incriminate the person; or\nto render any person liable to a penalty for failure to make such an answer or statement.\nSubsection (1) shall not authorise any of the persons mentioned in that subsection to enter and search without the permission of the occupier any dwelling house or any part used for residential purposes of a building unless that person does so under the authority of a search warrant.\nIf it appears to a justice of the peace, upon complaint made on oath by any of the persons mentioned in subsection (1) , that such person has reasonable grounds for believing and does believe that any aircraft or ground equipment or agricultural chemical which such person reasonably believes to be used or to be intended to be used for aerial distribution or ground distribution is in any dwelling house or in any part used for residential purposes of a building then that justice may issue his or her warrant directing the person named therein to search that dwelling house or part of a building.\ns 34 amd 1978 No. 68 s 8 ; 1994 No. 78 s 37 sch ; 2000 No. 5 s 373 sch 2\n(sec.34-ssec.1) An inspector may— enter any place where— there is or the inspector has reasonable ground to believe there is or will be any aircraft or ground equipment which the inspector reasonably believes to be used or intended to be used for aerial or ground distribution; the inspector has reasonable ground to believe aerial or ground distribution is being, has been or will be carried out; search therein for any crop, material, aircraft, aerial equipment, ground equipment, loading equipment or mixing equipment; inspect and examine or cause to be inspected and examined any crop, material, aircraft, aerial equipment, ground equipment, loading equipment or mixing equipment found therein; open or cause to be opened any package, container, bin, tank or hopper found therein that contains or that the inspector has reasonable ground to believe contains an agricultural chemical; select and take or cause to be selected and taken, and remove or cause to be removed for analysis any crop or material found therein or any other matter found therein that the inspector suspects is an agricultural chemical, or portions or samples of any such crop, material or matter; ask anyone the inspector considers can help, to help the inspector search, inspect, examine, open, select, take or remove anything on the place; question with respect to matters under this Act any person; and require any person to answer the questions put and to sign a declaration of the truth of the person’s answers.\n(sec.34-ssec.2) No provision of subsection (1) or of section 40 shall be construed so as— to oblige any person to answer any question or make any statement which answer or statement would or would tend to incriminate the person; or to render any person liable to a penalty for failure to make such an answer or statement.\n(sec.34-ssec.3) Subsection (1) shall not authorise any of the persons mentioned in that subsection to enter and search without the permission of the occupier any dwelling house or any part used for residential purposes of a building unless that person does so under the authority of a search warrant.\n(sec.34-ssec.4) If it appears to a justice of the peace, upon complaint made on oath by any of the persons mentioned in subsection (1) , that such person has reasonable grounds for believing and does believe that any aircraft or ground equipment or agricultural chemical which such person reasonably believes to be used or to be intended to be used for aerial distribution or ground distribution is in any dwelling house or in any part used for residential purposes of a building then that justice may issue his or her warrant directing the person named therein to search that dwelling house or part of a building.\n- (a) enter any place where— (i) there is or the inspector has reasonable ground to believe there is or will be any aircraft or ground equipment which the inspector reasonably believes to be used or intended to be used for aerial or ground distribution; (ii) the inspector has reasonable ground to believe aerial or ground distribution is being, has been or will be carried out;\n- (i) there is or the inspector has reasonable ground to believe there is or will be any aircraft or ground equipment which the inspector reasonably believes to be used or intended to be used for aerial or ground distribution;\n- (ii) the inspector has reasonable ground to believe aerial or ground distribution is being, has been or will be carried out;\n- (b) search therein for any crop, material, aircraft, aerial equipment, ground equipment, loading equipment or mixing equipment;\n- (c) inspect and examine or cause to be inspected and examined any crop, material, aircraft, aerial equipment, ground equipment, loading equipment or mixing equipment found therein;\n- (ca) open or cause to be opened any package, container, bin, tank or hopper found therein that contains or that the inspector has reasonable ground to believe contains an agricultural chemical;\n- (cb) select and take or cause to be selected and taken, and remove or cause to be removed for analysis any crop or material found therein or any other matter found therein that the inspector suspects is an agricultural chemical, or portions or samples of any such crop, material or matter;\n- (d) ask anyone the inspector considers can help, to help the inspector search, inspect, examine, open, select, take or remove anything on the place;\n- (e) question with respect to matters under this Act any person; and require any person to answer the questions put and to sign a declaration of the truth of the person’s answers.\n- (i) there is or the inspector has reasonable ground to believe there is or will be any aircraft or ground equipment which the inspector reasonably believes to be used or intended to be used for aerial or ground distribution;\n- (ii) the inspector has reasonable ground to believe aerial or ground distribution is being, has been or will be carried out;\n- (a) to oblige any person to answer any question or make any statement which answer or statement would or would tend to incriminate the person; or\n- (b) to render any person liable to a penalty for failure to make such an answer or statement.","sortOrder":65},{"sectionNumber":"sec.35","sectionType":"section","heading":null,"content":"### Section sec.35\n\ns 35 amd 1978 No. 68 s 9\nom 1994 No. 78 s 37 sch","sortOrder":66},{"sectionNumber":"pt.7","sectionType":"part","heading":"General","content":"# General","sortOrder":67},{"sectionNumber":"sec.36","sectionType":"section","heading":"Faulty or defective equipment","content":"### sec.36 Faulty or defective equipment\n\nThis section applies if an inspector reasonably believes ground equipment or aerial equipment, or part of the equipment, to be faulty or defective or likely to cause loss of, or damage to, stock or crops.\nThe inspector may give to the owner or distribution contractor responsible for the use of the equipment, written notice requiring the owner or contractor to do any 1 or more of the following—\nstop using the equipment immediately, or after a date stated in the notice, until the equipment is repaired or altered in the way stated in the notice;\nrepair or alter the equipment in the way, and within the time, stated in the notice;\nrefrain from selling, hiring, or otherwise disposing of, or parting with possession of, the equipment until the requirements under paragraph (a) or (b) have been satisfied.\nA person to whom such notice has been given shall comply in every respect with the requirements of that notice.\nMaximum penalty for subsection (3) —20 penalty units.\nIf it is not practicable to give written notice, the inspector may give the notice orally but must, as soon as practicable, give notice again in writing.\ns 36 amd 1978 No. 68 s 10 ; 1983 No. 1 s 19 ; 1994 No. 78 s 37 sch ; 2002 No. 76 s 12\n(sec.36-ssec.1) This section applies if an inspector reasonably believes ground equipment or aerial equipment, or part of the equipment, to be faulty or defective or likely to cause loss of, or damage to, stock or crops.\n(sec.36-ssec.2) The inspector may give to the owner or distribution contractor responsible for the use of the equipment, written notice requiring the owner or contractor to do any 1 or more of the following— stop using the equipment immediately, or after a date stated in the notice, until the equipment is repaired or altered in the way stated in the notice; repair or alter the equipment in the way, and within the time, stated in the notice; refrain from selling, hiring, or otherwise disposing of, or parting with possession of, the equipment until the requirements under paragraph (a) or (b) have been satisfied.\n(sec.36-ssec.3) A person to whom such notice has been given shall comply in every respect with the requirements of that notice. Maximum penalty for subsection (3) —20 penalty units.\n(sec.36-ssec.4) If it is not practicable to give written notice, the inspector may give the notice orally but must, as soon as practicable, give notice again in writing.\n- (a) stop using the equipment immediately, or after a date stated in the notice, until the equipment is repaired or altered in the way stated in the notice;\n- (b) repair or alter the equipment in the way, and within the time, stated in the notice;\n- (c) refrain from selling, hiring, or otherwise disposing of, or parting with possession of, the equipment until the requirements under paragraph (a) or (b) have been satisfied.","sortOrder":68},{"sectionNumber":"sec.37","sectionType":"section","heading":null,"content":"### Section sec.37\n\ns 37 sub 1970 No. 18 s 4\nom 1983 No. 1 s 20","sortOrder":69},{"sectionNumber":"sec.38","sectionType":"section","heading":null,"content":"### Section sec.38\n\ns 38 sub 1970 No. 18 s 5\namd 1983 No. 1 s 21 ; 1994 No. 78 s 37 sch\nom 2002 No. 76 s 13","sortOrder":70},{"sectionNumber":"sec.39","sectionType":"section","heading":"Aerial or ground distribution by or under supervision of licensed persons","content":"### sec.39 Aerial or ground distribution by or under supervision of licensed persons\n\nA person shall not carry out or cause or permit to be carried out aerial distribution unless the pilot in command of the aircraft from which the distribution is carried out holds a pilot chemical rating licence and the aerial distribution is carried out in the course of the business of, at the direction of or under the authority of a licensed aerial distribution contractor.\nMaximum penalty—20 penalty units.\nA person shall not carry out or cause or permit to be carried out ground distribution unless the person who operates the ground equipment from which the distribution is carried out—\neither—\nholds a commercial operator’s licence and carries out the ground distribution under the licence; or\noperates the equipment under the supervision of the holder of a commercial operator’s licence, who is authorised under the licence to carry out the distribution and is present during the whole of the distribution; and\ncarries out the ground distribution in the course of the business of, at the direction of, or under the authority of—\na licensed aerial distribution contractor; or\na licensed ground distribution contractor.\nMaximum penalty—20 penalty units.\nIt is a defence to a charge of an offence against subsection (2) that the operator of the ground equipment was using the equipment at the material time on—\nland owned or occupied by—\nhimself or herself; or\na relative of his or hers; or\nhis or her employer who is primarily engaged in pastoral or agricultural pursuits and to whom he or she is bound by a contract of service that is primarily for work other than the carrying out of the ground distribution in question; or\nany unallocated State land, reserve or road under the Land Act 1994 that adjoins land mentioned in paragraph (a) with the permission of the entity that holds or controls the unallocated State land, reserve or road.\ns 39 sub 1970 No. 18 s 6 ; 1983 No. 1 s 22\namd 1994 No. 78 s 37 sch ; 2002 No. 76 s 14\n(sec.39-ssec.1) A person shall not carry out or cause or permit to be carried out aerial distribution unless the pilot in command of the aircraft from which the distribution is carried out holds a pilot chemical rating licence and the aerial distribution is carried out in the course of the business of, at the direction of or under the authority of a licensed aerial distribution contractor. Maximum penalty—20 penalty units.\n(sec.39-ssec.2) A person shall not carry out or cause or permit to be carried out ground distribution unless the person who operates the ground equipment from which the distribution is carried out— either— holds a commercial operator’s licence and carries out the ground distribution under the licence; or operates the equipment under the supervision of the holder of a commercial operator’s licence, who is authorised under the licence to carry out the distribution and is present during the whole of the distribution; and carries out the ground distribution in the course of the business of, at the direction of, or under the authority of— a licensed aerial distribution contractor; or a licensed ground distribution contractor. Maximum penalty—20 penalty units.\n(sec.39-ssec.3) It is a defence to a charge of an offence against subsection (2) that the operator of the ground equipment was using the equipment at the material time on— land owned or occupied by— himself or herself; or a relative of his or hers; or his or her employer who is primarily engaged in pastoral or agricultural pursuits and to whom he or she is bound by a contract of service that is primarily for work other than the carrying out of the ground distribution in question; or any unallocated State land, reserve or road under the Land Act 1994 that adjoins land mentioned in paragraph (a) with the permission of the entity that holds or controls the unallocated State land, reserve or road.\n- (a) either— (i) holds a commercial operator’s licence and carries out the ground distribution under the licence; or (ii) operates the equipment under the supervision of the holder of a commercial operator’s licence, who is authorised under the licence to carry out the distribution and is present during the whole of the distribution; and\n- (i) holds a commercial operator’s licence and carries out the ground distribution under the licence; or\n- (ii) operates the equipment under the supervision of the holder of a commercial operator’s licence, who is authorised under the licence to carry out the distribution and is present during the whole of the distribution; and\n- (b) carries out the ground distribution in the course of the business of, at the direction of, or under the authority of— (i) a licensed aerial distribution contractor; or (ii) a licensed ground distribution contractor.\n- (i) a licensed aerial distribution contractor; or\n- (ii) a licensed ground distribution contractor.\n- (i) holds a commercial operator’s licence and carries out the ground distribution under the licence; or\n- (ii) operates the equipment under the supervision of the holder of a commercial operator’s licence, who is authorised under the licence to carry out the distribution and is present during the whole of the distribution; and\n- (i) a licensed aerial distribution contractor; or\n- (ii) a licensed ground distribution contractor.\n- (a) land owned or occupied by— (i) himself or herself; or (ii) a relative of his or hers; or (iii) his or her employer who is primarily engaged in pastoral or agricultural pursuits and to whom he or she is bound by a contract of service that is primarily for work other than the carrying out of the ground distribution in question; or\n- (i) himself or herself; or\n- (ii) a relative of his or hers; or\n- (iii) his or her employer who is primarily engaged in pastoral or agricultural pursuits and to whom he or she is bound by a contract of service that is primarily for work other than the carrying out of the ground distribution in question; or\n- (b) any unallocated State land, reserve or road under the Land Act 1994 that adjoins land mentioned in paragraph (a) with the permission of the entity that holds or controls the unallocated State land, reserve or road.\n- (i) himself or herself; or\n- (ii) a relative of his or hers; or\n- (iii) his or her employer who is primarily engaged in pastoral or agricultural pursuits and to whom he or she is bound by a contract of service that is primarily for work other than the carrying out of the ground distribution in question; or","sortOrder":71},{"sectionNumber":"sec.40","sectionType":"section","heading":"Obstructing inspection etc.","content":"### sec.40 Obstructing inspection etc.\n\nAny person who—\nassaults, resists, or obstructs an inspector in the exercise of the inspector’s powers or in the discharge of the inspector’s duties under this Act or attempts so to do; or\nfails to answer any question put to the person in pursuance of this Act by an inspector or gives any false or misleading answer to any such question; or\ndirectly or indirectly prevents any person from appearing before or being questioned by an inspector, or attempts so to do; or\nuses any threat or any abusive or insulting language to any inspector or to an employee with respect to any inspection or examination or questioning; or\nfails when reasonably required so to do to assist an inspector in the exercise of the inspector’s powers under section 34 ;\nshall be guilty of an offence against this Act.\nMaximum penalty—20 penalty units or imprisonment for 6 months.\ns 40 amd 1978 No. 68 s 11 ; 1983 No. 1 s 23 ; 1994 No. 78 s 37 sch\n- (a) assaults, resists, or obstructs an inspector in the exercise of the inspector’s powers or in the discharge of the inspector’s duties under this Act or attempts so to do; or\n- (b) fails to answer any question put to the person in pursuance of this Act by an inspector or gives any false or misleading answer to any such question; or\n- (c) directly or indirectly prevents any person from appearing before or being questioned by an inspector, or attempts so to do; or\n- (d) uses any threat or any abusive or insulting language to any inspector or to an employee with respect to any inspection or examination or questioning; or\n- (e) fails when reasonably required so to do to assist an inspector in the exercise of the inspector’s powers under section 34 ;","sortOrder":72},{"sectionNumber":"sec.41","sectionType":"section","heading":null,"content":"### Section sec.41\n\ns 41 amd 1983 No. 1 s 24\nom 1994 No. 78 s 37 sch","sortOrder":73},{"sectionNumber":"sec.42","sectionType":"section","heading":"Prosecutions generally","content":"### sec.42 Prosecutions generally\n\nAn offence against this Act is a summary offence, unless expressly provided otherwise.\nA proceeding for an offence against this Act must start—\nwithin 1 year after the offence is committed; or\nwithin 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\ns 42 sub 1994 No. 78 s 37 sch\namd 2002 No. 76 sch 2\n(sec.42-ssec.1) An offence against this Act is a summary offence, unless expressly provided otherwise.\n(sec.42-ssec.2) A proceeding for an offence against this Act must start— within 1 year after the offence is committed; or within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\n- (a) within 1 year after the offence is committed; or\n- (b) within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.","sortOrder":74},{"sectionNumber":"sec.43","sectionType":"section","heading":"Responsibility for acts or omissions of representatives","content":"### sec.43 Responsibility for acts or omissions of representatives\n\nIf, in a proceeding for an offence against this Act, it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—\nthe act or omission was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nAn act or omission done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken, in a proceeding for an offence against this Act, to have been done or omitted to be done also by the person, unless the person proves the person took all reasonable steps to prevent the act or omission.\nIf—\nan individual is convicted of an offence against this Act; and\nthe individual would not have been convicted of the offence if subsections (1) and (2) had not been enacted;\nthe individual is not liable to be punished by imprisonment for the offence.\ns 43 sub 1994 No. 78 s 37 sch\n(sec.43-ssec.1) If, in a proceeding for an offence against this Act, it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act or omission was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.43-ssec.2) An act or omission done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken, in a proceeding for an offence against this Act, to have been done or omitted to be done also by the person, unless the person proves the person took all reasonable steps to prevent the act or omission.\n(sec.43-ssec.3) If— an individual is convicted of an offence against this Act; and the individual would not have been convicted of the offence if subsections (1) and (2) had not been enacted; the individual is not liable to be punished by imprisonment for the offence.\n- (a) the act or omission was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\n- (a) an individual is convicted of an offence against this Act; and\n- (b) the individual would not have been convicted of the offence if subsections (1) and (2) had not been enacted;","sortOrder":75},{"sectionNumber":"sec.44","sectionType":"section","heading":"Liability of executive officer—offence committed by corporation against s 26 (3)","content":"### sec.44 Liability of executive officer—offence committed by corporation against s 26 (3)\n\nAn executive officer of a corporation commits an offence if—\nthe corporation commits an offence against section 26 (3) ; and\nthe officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.\nMaximum penalty—the penalty for a contravention of section 26 (3) by an individual.\nIn deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1) (b) , a court must have regard to—\nwhether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against section 26 (3) ; and\nwhether the officer was in a position to influence the corporation’s conduct in relation to the offence against section 26 (3) ; and\nany other relevant matter.\nThe executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against section 26 (3) .\nThis section does not affect—\nthe liability of the corporation for the offence against section 26 (3) ; or\nthe liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 26 (3) .\ns 44 sub 1994 No. 78 s 37 sch ; 2015 No. 15 s 16\n(sec.44-ssec.1) An executive officer of a corporation commits an offence if— the corporation commits an offence against section 26 (3) ; and the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of section 26 (3) by an individual.\n(sec.44-ssec.2) In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1) (b) , a court must have regard to— whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against section 26 (3) ; and whether the officer was in a position to influence the corporation’s conduct in relation to the offence against section 26 (3) ; and any other relevant matter.\n(sec.44-ssec.3) The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against section 26 (3) .\n(sec.44-ssec.4) This section does not affect— the liability of the corporation for the offence against section 26 (3) ; or the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 26 (3) .\n- (a) the corporation commits an offence against section 26 (3) ; and\n- (b) the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.\n- (a) whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against section 26 (3) ; and\n- (b) whether the officer was in a position to influence the corporation’s conduct in relation to the offence against section 26 (3) ; and\n- (c) any other relevant matter.\n- (a) the liability of the corporation for the offence against section 26 (3) ; or\n- (b) the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 26 (3) .","sortOrder":76},{"sectionNumber":"sec.44A","sectionType":"section","heading":null,"content":"### Section sec.44A\n\ns 44A ins 1994 No. 78 s 37 sch ; 2013 No. 41 s 19\nom 2015 No. 15 s 16","sortOrder":77},{"sectionNumber":"sec.45","sectionType":"section","heading":"Evidence","content":"### sec.45 Evidence\n\nIn any proceedings—\nit shall not be necessary to prove the appointment of any officer, or the authority of any officer to do any act or to give any direction or order; and\na certificate purporting to be under the hand of the standards officer of the standards officer making any request under this Act, or of the standards officer giving, issuing, or posting any notice, direction, or other thing under this Act, or of the standards officer giving or not giving any authority under this Act or of the receipt or non-receipt by the standards officer of any notice, application, or other document or of any other thing required by or under this Act to be given, made, or lodged to or with the standards officer, shall upon its production in evidence, be evidence of the matter or matters certified to therein and that the signature on the certificate is the signature of the standards officer, and in the absence of evidence in rebuttal, shall be conclusive evidence of such matter or matters and signature; and\nthe production of a certificate of analysis purporting to be under the hand of an analyst shall upon its production in evidence be evidence of the matter or matters certified therein and that the signature thereon is the signature of the analyst concerned, and in the absence of evidence in rebuttal shall be conclusive evidence of such matter or matters and signature.\ns 45 amd 2013 No. 41 s 20\n- (a) it shall not be necessary to prove the appointment of any officer, or the authority of any officer to do any act or to give any direction or order; and\n- (b) a certificate purporting to be under the hand of the standards officer of the standards officer making any request under this Act, or of the standards officer giving, issuing, or posting any notice, direction, or other thing under this Act, or of the standards officer giving or not giving any authority under this Act or of the receipt or non-receipt by the standards officer of any notice, application, or other document or of any other thing required by or under this Act to be given, made, or lodged to or with the standards officer, shall upon its production in evidence, be evidence of the matter or matters certified to therein and that the signature on the certificate is the signature of the standards officer, and in the absence of evidence in rebuttal, shall be conclusive evidence of such matter or matters and signature; and\n- (c) the production of a certificate of analysis purporting to be under the hand of an analyst shall upon its production in evidence be evidence of the matter or matters certified therein and that the signature thereon is the signature of the analyst concerned, and in the absence of evidence in rebuttal shall be conclusive evidence of such matter or matters and signature.","sortOrder":78},{"sectionNumber":"sec.46","sectionType":"section","heading":"Chief executive may approve forms","content":"### sec.46 Chief executive may approve forms\n\nThe chief executive may approve forms for use under this Act.\ns 46 amd 1983 No. 1 s 25\nsub 1994 No. 78 s 37 sch","sortOrder":79},{"sectionNumber":"sec.47","sectionType":"section","heading":null,"content":"### Section sec.47\n\ns 47 om 1994 No. 78 s 37 sch","sortOrder":80},{"sectionNumber":"sec.48","sectionType":"section","heading":"Regulation-making power","content":"### sec.48 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may make provision about the following—\nregulating aerial and ground distribution of agricultural chemicals over hazardous areas, including issuing permits for carrying out the distribution (and cancelling and suspending them);\nregulating the flying of aircraft equipped with aerial equipment, or movement of ground equipment carrying agricultural chemicals, over hazardous areas;\nproviding for and regulating the cleansing of aircraft and ground equipment used to carry agricultural chemicals;\nregulating aerial and ground distribution of agricultural chemicals in conditions likely to cause the chemicals to drift;\nregulating the use in aerial and ground distribution of preparations containing agricultural chemicals;\nregulating the droplet or particle size in aerial and ground distribution;\nthe types of aerial and ground equipment that may be used;\nregulating the type of aerial and ground distribution and the appliances that may be used;\ntypes of licences, qualifications needed to hold a licence, terms under which licences may be obtained and held and the authority the licence confers on the licensee;\ntesting of licensees, the entity giving the tests, the times and places the tests are to be held, and the subjects of the tests;\nfees to be paid for the issue or renewal of a licence, an application for a licence or permit, undertaking a test or any other purpose of the Act ;\nregulating inspection, investigation and samples, including—\nthe way samples are taken; and\nthe quantity or weight of samples; and\nthe labelling of samples; and\nthe delivery of samples to the standards officer;\nanalysis and examination of agricultural chemicals, portions, samples, material and other things for this Act, including ways of analysing and examining to decide—\nthe composition or physical properties of an agricultural chemical; or\nthe nature and amount of residue on any crop or stock; or\ndamage to any crop or stock;\nimposing penalties not exceeding 35 penalty units for a contravention of a regulation;\nregulating cancellation and suspension of licences.\ns 48 amd 1970 No. 18 s 7 ; 1983 No. 1 s 26\nsub 1994 No. 78 s 37 sch\namd 2002 No. 76 s 15\n(sec.48-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.48-ssec.2) A regulation may make provision about the following— regulating aerial and ground distribution of agricultural chemicals over hazardous areas, including issuing permits for carrying out the distribution (and cancelling and suspending them); regulating the flying of aircraft equipped with aerial equipment, or movement of ground equipment carrying agricultural chemicals, over hazardous areas; providing for and regulating the cleansing of aircraft and ground equipment used to carry agricultural chemicals; regulating aerial and ground distribution of agricultural chemicals in conditions likely to cause the chemicals to drift; regulating the use in aerial and ground distribution of preparations containing agricultural chemicals; regulating the droplet or particle size in aerial and ground distribution; the types of aerial and ground equipment that may be used; regulating the type of aerial and ground distribution and the appliances that may be used; types of licences, qualifications needed to hold a licence, terms under which licences may be obtained and held and the authority the licence confers on the licensee; testing of licensees, the entity giving the tests, the times and places the tests are to be held, and the subjects of the tests; fees to be paid for the issue or renewal of a licence, an application for a licence or permit, undertaking a test or any other purpose of the Act ; regulating inspection, investigation and samples, including— the way samples are taken; and the quantity or weight of samples; and the labelling of samples; and the delivery of samples to the standards officer; analysis and examination of agricultural chemicals, portions, samples, material and other things for this Act, including ways of analysing and examining to decide— the composition or physical properties of an agricultural chemical; or the nature and amount of residue on any crop or stock; or damage to any crop or stock; imposing penalties not exceeding 35 penalty units for a contravention of a regulation; regulating cancellation and suspension of licences.\n- (a) regulating aerial and ground distribution of agricultural chemicals over hazardous areas, including issuing permits for carrying out the distribution (and cancelling and suspending them);\n- (b) regulating the flying of aircraft equipped with aerial equipment, or movement of ground equipment carrying agricultural chemicals, over hazardous areas;\n- (c) providing for and regulating the cleansing of aircraft and ground equipment used to carry agricultural chemicals;\n- (d) regulating aerial and ground distribution of agricultural chemicals in conditions likely to cause the chemicals to drift;\n- (e) regulating the use in aerial and ground distribution of preparations containing agricultural chemicals;\n- (f) regulating the droplet or particle size in aerial and ground distribution;\n- (g) the types of aerial and ground equipment that may be used;\n- (h) regulating the type of aerial and ground distribution and the appliances that may be used;\n- (i) types of licences, qualifications needed to hold a licence, terms under which licences may be obtained and held and the authority the licence confers on the licensee;\n- (j) testing of licensees, the entity giving the tests, the times and places the tests are to be held, and the subjects of the tests;\n- (k) fees to be paid for the issue or renewal of a licence, an application for a licence or permit, undertaking a test or any other purpose of the Act ;\n- (l) regulating inspection, investigation and samples, including— (i) the way samples are taken; and (ii) the quantity or weight of samples; and (iii) the labelling of samples; and (iv) the delivery of samples to the standards officer;\n- (i) the way samples are taken; and\n- (ii) the quantity or weight of samples; and\n- (iii) the labelling of samples; and\n- (iv) the delivery of samples to the standards officer;\n- (m) analysis and examination of agricultural chemicals, portions, samples, material and other things for this Act, including ways of analysing and examining to decide— (i) the composition or physical properties of an agricultural chemical; or (ii) the nature and amount of residue on any crop or stock; or (iii) damage to any crop or stock;\n- (i) the composition or physical properties of an agricultural chemical; or\n- (ii) the nature and amount of residue on any crop or stock; or\n- (iii) damage to any crop or stock;\n- (n) imposing penalties not exceeding 35 penalty units for a contravention of a regulation;\n- (o) regulating cancellation and suspension of licences.\n- (i) the way samples are taken; and\n- (ii) the quantity or weight of samples; and\n- (iii) the labelling of samples; and\n- (iv) the delivery of samples to the standards officer;\n- (i) the composition or physical properties of an agricultural chemical; or\n- (ii) the nature and amount of residue on any crop or stock; or\n- (iii) damage to any crop or stock;","sortOrder":81},{"sectionNumber":"pt.8","sectionType":"part","heading":"Transitional provisions for Agriculture and Other Legislation Amendment Act 2015","content":"# Transitional provisions for Agriculture and Other Legislation Amendment Act 2015","sortOrder":82},{"sectionNumber":"sec.49","sectionType":"section","heading":"Definition for pt 8","content":"### sec.49 Definition for pt 8\n\nIn this part—\namending Act means the Agriculture and Other Legislation Amendment Act 2015 .\ns 49 ins 2015 No. 15 s 17","sortOrder":83},{"sectionNumber":"sec.50","sectionType":"section","heading":"Holder of former pilot chemical rating licence","content":"### sec.50 Holder of former pilot chemical rating licence\n\nThis section applies if, immediately before the commencement, a person held a pilot chemical rating licence.\nThe licence is taken to have been issued under section 17.\ns 50 ins 2015 No. 15 s 17\n(sec.50-ssec.1) This section applies if, immediately before the commencement, a person held a pilot chemical rating licence.\n(sec.50-ssec.2) The licence is taken to have been issued under section 17.","sortOrder":84},{"sectionNumber":"sec.51","sectionType":"section","heading":"Undecided application for pilot chemical rating licence","content":"### sec.51 Undecided application for pilot chemical rating licence\n\nThis section applies if, immediately before the commencement—\na person held a commercial pilot’s licence; and\nan application by the person for a pilot chemical rating licence had not been decided.\nThe application may be decided as if the amending Act had not been enacted.\nIf the person is granted a pilot chemical rating licence on the application, the person is taken to hold the authorisation mentioned in section 17A(1)(a) while the person holds a commercial pilot’s licence.\nIn this section—\ncommercial pilot’s licence means a commercial pilot’s licence, endorsed with an agricultural rating, issued under the Civil Aviation Regulations or Orders (Cwlth).\ns 51 ins 2015 No. 15 s 17\n(sec.51-ssec.1) This section applies if, immediately before the commencement— a person held a commercial pilot’s licence; and an application by the person for a pilot chemical rating licence had not been decided.\n(sec.51-ssec.2) The application may be decided as if the amending Act had not been enacted.\n(sec.51-ssec.3) If the person is granted a pilot chemical rating licence on the application, the person is taken to hold the authorisation mentioned in section 17A(1)(a) while the person holds a commercial pilot’s licence.\n(sec.51-ssec.4) In this section— commercial pilot’s licence means a commercial pilot’s licence, endorsed with an agricultural rating, issued under the Civil Aviation Regulations or Orders (Cwlth).\n- (a) a person held a commercial pilot’s licence; and\n- (b) an application by the person for a pilot chemical rating licence had not been decided.","sortOrder":85},{"sectionNumber":"sec.52","sectionType":"section","heading":"Holder of former aerial distribution contractor licence","content":"### sec.52 Holder of former aerial distribution contractor licence\n\nThis section applies if, immediately before the commencement, a person held an aerial distribution contractor licence.\nThe licence is taken to have been issued under section 17.\ns 52 ins 2015 No. 15 s 17\n(sec.52-ssec.1) This section applies if, immediately before the commencement, a person held an aerial distribution contractor licence.\n(sec.52-ssec.2) The licence is taken to have been issued under section 17.","sortOrder":86},{"sectionNumber":"sec.53","sectionType":"section","heading":"Undecided application for aerial distribution contractor licence","content":"### sec.53 Undecided application for aerial distribution contractor licence\n\nThis section applies if, immediately before the commencement—\na person held a formerly required civil aviation authorisation; and\nan application by the person for an aerial distribution contractor licence had not been decided.\nThe application may be decided as if the amending Act had not been enacted.\nIf the person is granted an aerial distribution contractor licence on the application, the person is taken to hold the authorisation mentioned in section 17B(1)(a) while the person holds a formerly required civil aviation authorisation.\nIn this section—\nformerly required civil aviation authorisation means a civil aviation authorisation required to apply for an aerial distribution contractor licence.\ns 53 ins 2015 No. 15 s 17\n(sec.53-ssec.1) This section applies if, immediately before the commencement— a person held a formerly required civil aviation authorisation; and an application by the person for an aerial distribution contractor licence had not been decided.\n(sec.53-ssec.2) The application may be decided as if the amending Act had not been enacted.\n(sec.53-ssec.3) If the person is granted an aerial distribution contractor licence on the application, the person is taken to hold the authorisation mentioned in section 17B(1)(a) while the person holds a formerly required civil aviation authorisation.\n(sec.53-ssec.4) In this section— formerly required civil aviation authorisation means a civil aviation authorisation required to apply for an aerial distribution contractor licence.\n- (a) a person held a formerly required civil aviation authorisation; and\n- (b) an application by the person for an aerial distribution contractor licence had not been decided.","sortOrder":87}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":590},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1966 Act covered manned aircraft spraying only. Significant expansion occurred through amendments: 2002 added ground distribution contractor licences and pest management technician provisions; 2015 added unmanned aircraft (drones/UAVs) as a parallel track throughout the aerial licensing scheme. The scope has grown from agricultural aircraft regulation to a comprehensive chemical distribution control system covering all mechanised application methods."},"complexity_factors":["Multiple overlapping licence types (pilot, contractor, commercial operator, ground contractor) with different conditions","Extensive cross-referencing to aviation law — licences depend on holding separate civil aviation authorisations","Nested conditional logic in licensing requirements (e.g., manned aircraft vs. UAV tracks)","Detailed record-keeping requirements with 13+ specific items to record for each spray operation","Transitional provisions preserving old licences under new legislative frameworks","Definitions located in a separate Schedule (dictionary) rather than the main text","Multiple amendment histories shown inline creating visual clutter","Show cause and review procedures with multiple steps and time periods"],"plain_english_summary":"This Queensland Act regulates who can spray agricultural chemicals (pesticides, herbicides, etc.) and how they must do it. It covers both **aerial spraying** (from planes and drones) and **ground spraying** (from tractors, booms, etc.).\n\n**Who needs a licence:**\n- **Pilots** doing aerial spraying need a *pilot chemical rating licence*\n- **Aerial spraying businesses** need an *aerial distribution contractor licence*\n- **Ground operators** need a *commercial operator's licence* (or can work under supervision of someone who has one)\n- **Ground spraying businesses** need a *ground distribution contractor licence*\n\n**Key requirements:**\n- You must hold appropriate aviation authorisations (pilot licences, operator certificates) *in addition* to these chemical licences\n- Licences can be suspended or cancelled for offences, false information, or breaching conditions\n- Detailed records must be kept of every spray job — chemicals used, weather conditions, location, pilot/operator names — and kept for 2 years\n- Government inspectors can enter properties, examine equipment, take samples, and ask questions\n- \"Hazardous areas\" can be declared with special conditions for spraying\n\n**Why it matters:**\nThis law protects farmers, neighbours, and the environment from chemical drift and misuse. It ensures only qualified people handle dangerous chemicals, creates accountability through record-keeping, and gives regulators power to stop unsafe practices. The Act also makes company executives personally liable if their business fails to keep proper records.\n\nThe legislation has been updated over time, notably in 2015 to accommodate **drones (UAVs)** for aerial spraying, not just manned aircraft."},"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"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope has been extended beyond traditional manned aerial spraying to explicitly cover unmanned aircraft controllers and updated civil aviation authorisations, and to integrate with other regulatory instruments. The text introduces UAV controller authorisations and UAV operation conditions (secs 12(2)(b)–(4), 15(2)(b)–(4), 17A, 17B) and contains transitional provisions treating former licences as issued under the current regime (pt 8, secs 50–53). It also broadens covered harms to include chemical drift (sec 6B) and links definitions to the Agvet Code (sec 6A)."},"complexity_factors":["Multiple licence types and qualification rules (pilot chemical rating, aerial distribution contractor, commercial operator, ground distribution contractor) create layered eligibility and renewal paths (secs 12, 15, 16, 18, 19).","Interplay with civil aviation authorisations and differentiation between manned aircraft and unmanned aircraft controllers adds technical regulatory overlap with aviation law (secs 12(3)–(4), 15(3)–(4), 17A, 17B).","Broad administrative discretion vested in the chief executive to grant/refuse licences, impose conditions, and suspend or cancel licences subject to show‑cause processes (secs 17, 17A, 17B, 21–21D).","Extensive inspector powers to enter, search, sample, take exhibits and question persons, with warrants required for residential premises, create significant compliance and operational risk (sec 34).","Detailed record‑keeping and production obligations for distribution contractors with criminal penalties for falsification and strict time limits increase administrative burden (secs 26–27).","Corporate and executive officer liability provisions extend criminal exposure beyond individuals operating equipment (secs 43, 44).","Wide regulation‑making power permits detailed technical rules (hazardous areas, droplet size, equipment, fees, penalties) which can substantially affect operational practices (sec 48).","Transitional amendments and cross‑references (Agvet Code linkage, drift inclusion) add interpretive complexity (secs 6A, 6B, pt 8 transitional provisions)."],"plain_english_summary":"This Act creates a licensing and enforcement framework for aerial and ground distribution of agricultural chemicals. It sets licence classes for pilots, aerial and ground contractors and commercial operators; requires applications, renewals, record‑keeping and compliance; gives inspectors powers to enter, sample and require documents; and authorises the chief executive to impose licence conditions, suspend or cancel licences and make regulations.\n\nIt affects pilots (including UAV controllers), distribution contractors, commercial operators and corporate officers — imposing compliance costs, inspection risk and penalties for breaches."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1966 Act focused on conventional manned aircraft and ground spraying equipment. Over time, its scope has expanded materially: it now covers unmanned aerial vehicles (drones) following 2015 amendments; incorporated alignment with the national Agvet Code framework (1994); recognised pest management technicians licensed under separate pharmacy/poisons legislation as deemed commercial operators (2002); and extended corporate liability to executive officers. The core intent — licensing people who commercially spray agricultural chemicals — remains the same, but the regulatory reach has broadened considerably to keep pace with new technology and national regulatory harmonisation."},"complexity_factors":["Multiple licence types (pilot chemical rating, aerial distribution contractor, commercial operator, ground distribution contractor) with different eligibility requirements that interact with each other","Interaction with other legislation — the Agvet Code, Medicines and Poisons Act 2019, Land Act 1994, QCAT Act, and civil aviation authorisations — requiring cross-referencing to fully understand obligations","Parallel regulatory regimes for aerial and ground distribution, with different rules, exemptions and licence hierarchies for each","Inclusion of UAVs (drones) creates a layered licensing framework combining Commonwealth aviation law and state chemical spraying law","Significant legislative history — amended many times since 1966, with sections omitted, substituted and renumbered, making the current structure harder to follow","Show cause and suspension/cancellation process involves multiple procedural steps across several sections (ss 20–21D)","Corporate liability provisions (executive officer liability) add another layer of complexity for business operators","Definitions incorporated by reference from the Agvet Code rather than defined in the Act itself"],"plain_english_summary":"This Queensland Act regulates who may commercially apply agricultural chemicals by air (including drones) or from the ground, requiring licences for pilots, aerial contractors, ground operators and businesses, while generally exempting landowners spraying their own property. It also mandates detailed records, gives inspectors powers to enter, sample and investigate, and allows suspension or cancellation of licences.\n\nIt matters because chemical drift and misuse can damage crops, livestock, human health and the environment, so the law ensures trained operators and traceability."}},"importantCases":[],"_links":{"self":"/api/acts/agricultural-chemicals-distribution-control-act-1966","history":"/api/acts/agricultural-chemicals-distribution-control-act-1966/history","analysis":"/api/acts/agricultural-chemicals-distribution-control-act-1966/analysis","conflicts":"/api/acts/agricultural-chemicals-distribution-control-act-1966/conflicts","importantCases":"/api/acts/agricultural-chemicals-distribution-control-act-1966/important-cases","documents":"/api/acts/agricultural-chemicals-distribution-control-act-1966/documents"}}