{"id":"qld:act-1988-103","name":"Chemical Usage (Agricultural and Veterinary) Control Act 1988","slug":"chemical-usage-agricultural-and-veterinary-control-act-1988","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"103 of 1988","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104910,"registerId":"qld-act-1988-103-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 Chemical Usage (Agricultural and Veterinary) Control Act 1988 .\ns 1 amd 1993 No. 32 s 3 sch 1","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis section and section 1 shall commence on the day on which this Act is assented to for and on behalf of Her Majesty.\nExcept as provided by subsection (1) , this Act or the provisions thereof specified in the proclamation shall commence on the day or days appointed by proclamation for the commencement of this Act or, as the case may be, those provisions.\n(sec.2-ssec.1) This section and section 1 shall commence on the day on which this Act is assented to for and on behalf of Her Majesty.\n(sec.2-ssec.2) Except as provided by subsection (1) , this Act or the provisions thereof specified in the proclamation shall commence on the day or days appointed by proclamation for the commencement of this Act or, as the case may be, those provisions.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":null,"content":"### Section sec.3\n\ns 3 om 15 March 1995 RA s 36","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nThe dictionary in the schedule defines particular words used in this Act.\ns 4 amd 1994 No. 78 s 37 sch\nNote—prev s 4 contained definitions for this Act. Definitions are now located in schedule (Dictionary). Annotations for definitions contained in prev s 4 are located in annotations for schedule.\namd 2001 No. 63 s 4","sortOrder":4},{"sectionNumber":"sec.4A","sectionType":"section","heading":"Words and expressions used in Agvet Code and this Act","content":"### sec.4A 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 4A ins 1994 No. 78 s 37 sch\namd 2002 No. 76 s 18\n(sec.4A-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.4A-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":5},{"sectionNumber":"sec.4B","sectionType":"section","heading":"Appointment of standards officers","content":"### sec.4B Appointment of standards officers\n\nA standards officer and deputy standards officers may be employed under the Public Sector Act 2022 .\ns 4B ins 1994 No. 78 s 37 sch\namd 1996 No. 37 s 147 sch 2 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3","sortOrder":6},{"sectionNumber":"sec.4C","sectionType":"section","heading":"Powers and functions of standards officers","content":"### sec.4C Powers and functions of standards officers\n\nThe standards officer has the functions and powers given to the officer under this or another Act.\nA deputy standards officer has the functions and powers given to the officer under this Act or by the standards officer.\ns 4C ins 1994 No. 78 s 37 sch\n(sec.4C-ssec.1) The standards officer has the functions and powers given to the officer under this or another Act.\n(sec.4C-ssec.2) A deputy standards officer has the functions and powers given to the officer under this Act or by the standards officer.","sortOrder":7},{"sectionNumber":"sec.4D","sectionType":"section","heading":"Delegation by standards officer","content":"### sec.4D Delegation by standards officer\n\nThe standards officer may delegate to a deputy standards officer or another officer of the department the standards officer’s powers under this or another Act, including any powers delegated to the standards officer under this or another Act.\ns 4D ins 1994 No. 78 s 37 sch","sortOrder":8},{"sectionNumber":"sec.5","sectionType":"section","heading":"Appointment of inspectors and analysts","content":"### sec.5 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 that the person has the necessary expertise or experience.\nIn this section—\ninspector does not include the standards officer or a deputy standards officer.\ns 5 sub 1994 No. 78 s 37 sch\namd 1996 No. 13 s 10\n(sec.5-ssec.1) The chief executive may appoint a person to be an inspector or analyst.\n(sec.5-ssec.2) The chief executive may appoint a person as an inspector or analyst only if the chief executive is satisfied that the person has the necessary expertise or experience.\n(sec.5-ssec.3) In this section— inspector does not include the standards officer or a deputy standards officer.","sortOrder":9},{"sectionNumber":"sec.5A","sectionType":"section","heading":"Limitation of inspector’s powers","content":"### sec.5A 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 5A ins 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":10},{"sectionNumber":"sec.5B","sectionType":"section","heading":"Inspector’s identity card","content":"### sec.5B 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 5B ins 1994 No. 78 s 37 sch\n(sec.5B-ssec.1) The chief executive must give each inspector an identity card.\n(sec.5B-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.5B-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.5B-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":11},{"sectionNumber":"sec.5C","sectionType":"section","heading":"Production or display of inspector’s identity card","content":"### sec.5C 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 5C ins 1994 No. 78 s 37 sch\n(sec.5C-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.5C-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":12},{"sectionNumber":"sec.6","sectionType":"section","heading":"Maximum residue limit","content":"### sec.6 Maximum residue limit\n\nThe maximum residue limit prescribed under this Act for any of the following may be zero—\nagricultural produce;\nmanufactured stock food;\nthe tissue of a trade species animal;\na product derived from a trade species animal.\ns 6 amd 2014 No. 7 s 517\n- (a) agricultural produce;\n- (b) manufactured stock food;\n- (c) the tissue of a trade species animal;\n- (d) a product derived from a trade species animal.","sortOrder":13},{"sectionNumber":"pt.2","sectionType":"part","heading":"Use of chemicals and substances having chemical residues","content":"# Use of chemicals and substances having chemical residues","sortOrder":14},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Chemicals generally","content":"## Chemicals generally","sortOrder":15},{"sectionNumber":"sec.7","sectionType":"section","heading":"Use of registered agricultural and veterinary chemical products taken from unlabelled containers","content":"### sec.7 Use of registered agricultural and veterinary chemical products taken from unlabelled containers\n\nA person must not use a registered agricultural or veterinary chemical product taken from a container that does not have attached to it an approved label for containers for the product.\nMaximum penalty—300 penalty units.\nSubsection (1) does not apply if the product was taken from a container with a label for which the APVMA issued a permit.\nIt is a defence to a prosecution for an offence against subsection (1) to prove—\nthe product was put in the container ready for use after being taken from another container having attached to it an approved label for containers for the product; or\nthe product was supplied by a veterinary surgeon in the container and the person uses the product in the way stated in the written instructions or dispensing label supplied with the product.\nThis section is an eligible law for the definition ‘permit’ under section 109 of the Agvet Code .\ns 7 prev s 7 sub 1993 No. 32 s 3 sch 1\nom 1994 No. 78 s 37 sch\npres s 7 ins 2002 No. 76 s 19\namd 2006 No. 48 s 48 sch\n(sec.7-ssec.1) A person must not use a registered agricultural or veterinary chemical product taken from a container that does not have attached to it an approved label for containers for the product. Maximum penalty—300 penalty units.\n(sec.7-ssec.2) Subsection (1) does not apply if the product was taken from a container with a label for which the APVMA issued a permit.\n(sec.7-ssec.3) It is a defence to a prosecution for an offence against subsection (1) to prove— the product was put in the container ready for use after being taken from another container having attached to it an approved label for containers for the product; or the product was supplied by a veterinary surgeon in the container and the person uses the product in the way stated in the written instructions or dispensing label supplied with the product.\n(sec.7-ssec.4) This section is an eligible law for the definition ‘permit’ under section 109 of the Agvet Code .\n- (a) the product was put in the container ready for use after being taken from another container having attached to it an approved label for containers for the product; or\n- (b) the product was supplied by a veterinary surgeon in the container and the person uses the product in the way stated in the written instructions or dispensing label supplied with the product.","sortOrder":16},{"sectionNumber":"sec.8","sectionType":"section","heading":"Use of controlled chemicals","content":"### sec.8 Use of controlled chemicals\n\nA regulation may—\ndeclare an unregistered chemical to be a controlled chemical (the controlled chemical ); and\nset conditions for use of the chemical.\nA person must not use a controlled chemical in a way that contravenes a condition for use of the chemical.\nMaximum penalty for subsection (2) —600 penalty units.\ns 8 prev s 8 sub 1994 No. 78 s 37 sch\n(5)–(6) exp 15 March 1997 (see s 8(6))\nom 2002 No. 76 s 20\npres s 8 (prev s 8E) ins 1994 No. 78 s 37 sch\namd 2002 No. 76 s 22 (1)\nrenum 2002 No. 76 s 22 (2)\n(sec.8-ssec.1) A regulation may— declare an unregistered chemical to be a controlled chemical (the controlled chemical ); and set conditions for use of the chemical.\n(sec.8-ssec.2) A person must not use a controlled chemical in a way that contravenes a condition for use of the chemical. Maximum penalty for subsection (2) —600 penalty units.\n- (a) declare an unregistered chemical to be a controlled chemical (the controlled chemical ); and\n- (b) set conditions for use of the chemical.","sortOrder":17},{"sectionNumber":"sec.8A","sectionType":"section","heading":null,"content":"### Section sec.8A\n\ns 8A ins 1994 No. 78 s 37 sch\namd 2001 No. 63 s 5\nom 2002 No. 76 s 20","sortOrder":18},{"sectionNumber":"sec.8B","sectionType":"section","heading":null,"content":"### Section sec.8B\n\ns 8B ins 1994 No. 78 s 37 sch\nom 2002 No. 76 s 20","sortOrder":19},{"sectionNumber":"sec.8C","sectionType":"section","heading":null,"content":"### Section sec.8C\n\ns 8C ins 1994 No. 78 s 37 sch\nom 2002 No. 76 s 20","sortOrder":20},{"sectionNumber":"sec.9","sectionType":"section","heading":"Person not to possess or use proscribed chemical","content":"### sec.9 Person not to possess or use proscribed chemical\n\nA person shall not have in his or her possession or use a proscribed chemical unless the person has the written permission of the Minister to do so and the person’s possession or, as the case may be, use of the chemical is in accordance with the terms and conditions of the permit.\nMaximum penalty—800 penalty units.\nThis provision is an executive liability provision—see section 30A .\ns 9 amd 2002 No. 76 ss 17 , 30 sch 1 ; 2015 No. 15 s 61","sortOrder":21},{"sectionNumber":"sec.10","sectionType":"section","heading":"Person not to dispose of package or chemical in improper manner","content":"### sec.10 Person not to dispose of package or chemical in improper manner\n\nA person shall not dispose of or discard a chemical, or a package that contains or has contained a chemical, in a manner—\nsuch that harm is caused or is likely to be caused to the property of any other person, any human or animal life, the environment or the State’s trade with any other State or a Territory or another country; or\nthat is contrary to the manner (if any) prescribed.\n- (a) such that harm is caused or is likely to be caused to the property of any other person, any human or animal life, the environment or the State’s trade with any other State or a Territory or another country; or\n- (b) that is contrary to the manner (if any) prescribed.","sortOrder":22},{"sectionNumber":"sec.11","sectionType":"section","heading":"Claims inconsistent with labels","content":"### sec.11 Claims inconsistent with labels\n\nThis section applies to a claim—\nabout a registered chemical product, or a chemical product containing a registered chemical product; and\ninconsistent with an instruction on an approved label for containers for the registered chemical product.\nFor the purposes of section 84 (2) of the Agvet Code —\nthe standards officer or a deputy standards officer, or a person acting under the direction of either officer, may make a claim under this Act; and\nan officer of the public service or another employee of the State may make a claim in the course of the person’s employment by the State; and\na person prescribed by regulation may make a claim in the circumstances prescribed by regulation.\nSubsection (2) applies only if the claim is made honestly and without negligence.\ns 11 sub 1994 No. 78 s 37 sch\n(sec.11-ssec.1) This section applies to a claim— about a registered chemical product, or a chemical product containing a registered chemical product; and inconsistent with an instruction on an approved label for containers for the registered chemical product.\n(sec.11-ssec.2) For the purposes of section 84 (2) of the Agvet Code — the standards officer or a deputy standards officer, or a person acting under the direction of either officer, may make a claim under this Act; and an officer of the public service or another employee of the State may make a claim in the course of the person’s employment by the State; and a person prescribed by regulation may make a claim in the circumstances prescribed by regulation.\n(sec.11-ssec.3) Subsection (2) applies only if the claim is made honestly and without negligence.\n- (a) about a registered chemical product, or a chemical product containing a registered chemical product; and\n- (b) inconsistent with an instruction on an approved label for containers for the registered chemical product.\n- (a) the standards officer or a deputy standards officer, or a person acting under the direction of either officer, may make a claim under this Act; and\n- (b) an officer of the public service or another employee of the State may make a claim in the course of the person’s employment by the State; and\n- (c) a person prescribed by regulation may make a claim in the circumstances prescribed by regulation.","sortOrder":23},{"sectionNumber":"sec.11A","sectionType":"section","heading":"Claims about unregistered chemicals","content":"### sec.11A Claims about unregistered chemicals\n\nA person must not make a claim about the use of an unregistered chemical.\nMaximum penalty—300 penalty units.\nSubsection (1) does not apply if use of the unregistered chemical is authorised by a permit.\nSubsection (1) also does not apply to the making or reporting of a statement about the unregistered chemical if the statement—\nis made—\nin a scientific paper or other scientific literature; or\nin a scientific report or presentation; or\nat a conference or seminar, or in an address, meeting or discussion, about chemical products;\nand is based on data published in a reputable scientific refereed journal or of a standard publishable in a reputable scientific refereed journal; or\nis made on radio or television, or in a newspaper, journal or newsletter, as fair comment on any material—\npublished for the purposes of a conference or seminar; and\nbased on data mentioned in paragraph (a) ; or\nis made by a veterinary surgeon about a use under section 12F .\ns 11A ins 1994 No. 78 s 37 sch\namd 2002 No. 76 s 23\n(sec.11A-ssec.1) A person must not make a claim about the use of an unregistered chemical. Maximum penalty—300 penalty units.\n(sec.11A-ssec.2) Subsection (1) does not apply if use of the unregistered chemical is authorised by a permit.\n(sec.11A-ssec.3) Subsection (1) also does not apply to the making or reporting of a statement about the unregistered chemical if the statement— is made— in a scientific paper or other scientific literature; or in a scientific report or presentation; or at a conference or seminar, or in an address, meeting or discussion, about chemical products; and is based on data published in a reputable scientific refereed journal or of a standard publishable in a reputable scientific refereed journal; or is made on radio or television, or in a newspaper, journal or newsletter, as fair comment on any material— published for the purposes of a conference or seminar; and based on data mentioned in paragraph (a) ; or is made by a veterinary surgeon about a use under section 12F .\n- (a) is made— (i) in a scientific paper or other scientific literature; or (ii) in a scientific report or presentation; or (iii) at a conference or seminar, or in an address, meeting or discussion, about chemical products; and is based on data published in a reputable scientific refereed journal or of a standard publishable in a reputable scientific refereed journal; or\n- (i) in a scientific paper or other scientific literature; or\n- (ii) in a scientific report or presentation; or\n- (iii) at a conference or seminar, or in an address, meeting or discussion, about chemical products;\n- (b) is made on radio or television, or in a newspaper, journal or newsletter, as fair comment on any material— (i) published for the purposes of a conference or seminar; and (ii) based on data mentioned in paragraph (a) ; or\n- (i) published for the purposes of a conference or seminar; and\n- (ii) based on data mentioned in paragraph (a) ; or\n- (c) is made by a veterinary surgeon about a use under section 12F .\n- (i) in a scientific paper or other scientific literature; or\n- (ii) in a scientific report or presentation; or\n- (iii) at a conference or seminar, or in an address, meeting or discussion, about chemical products;\n- (i) published for the purposes of a conference or seminar; and\n- (ii) based on data mentioned in paragraph (a) ; or","sortOrder":24},{"sectionNumber":"sec.11B","sectionType":"section","heading":"Use of package that contained chemical","content":"### sec.11B Use of package that contained chemical\n\nA person shall not use a package to contain any substance if the package has at any time contained a chemical.\nMaximum penalty—300 penalty units.\nA person shall not be convicted of an offence defined in subsection (1) if—\nthe person uses the package to contain a chemical and the chemical was in the package at the time at which the person acquired the package; or\nall trace of the chemical previously contained in the package is removed and the person uses the package to contain a chemical.\ns 11B (prev s 12) amd 1994 No. 78 s 37 sch ; 2002 No. 76 s 24 (1)\nrenum 2002 No. 76 s 24 (2)\n(sec.11B-ssec.1) A person shall not use a package to contain any substance if the package has at any time contained a chemical. Maximum penalty—300 penalty units.\n(sec.11B-ssec.2) A person shall not be convicted of an offence defined in subsection (1) if— the person uses the package to contain a chemical and the chemical was in the package at the time at which the person acquired the package; or all trace of the chemical previously contained in the package is removed and the person uses the package to contain a chemical.\n- (a) the person uses the package to contain a chemical and the chemical was in the package at the time at which the person acquired the package; or\n- (b) all trace of the chemical previously contained in the package is removed and the person uses the package to contain a chemical.","sortOrder":25},{"sectionNumber":"sec.11C","sectionType":"section","heading":"Governor in Council may proscribe chemicals","content":"### sec.11C Governor in Council may proscribe chemicals\n\nThis section applies if the chief executive is satisfied, on reasonable grounds, that it is in the public interest to proscribe a chemical having regard to the harm that may be caused by the use of the chemical to any property, human or animal life, the environment or the State’s trade whether within Australia or overseas.\nIf this section applies, a regulation may proscribe a chemical.\ns 11C (prev s 13) sub 1993 No. 32 s 3 sch 1 ; 1994 No. 78 s 37 sch\nrenum 2002 No. 76 s 25\n(sec.11C-ssec.1) This section applies if the chief executive is satisfied, on reasonable grounds, that it is in the public interest to proscribe a chemical having regard to the harm that may be caused by the use of the chemical to any property, human or animal life, the environment or the State’s trade whether within Australia or overseas.\n(sec.11C-ssec.2) If this section applies, a regulation may proscribe a chemical.","sortOrder":26},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Veterinary chemical products","content":"## Veterinary chemical products","sortOrder":27},{"sectionNumber":"sec.12","sectionType":"section","heading":"Use of registered veterinary chemical products","content":"### sec.12 Use of registered veterinary chemical products\n\nA veterinary surgeon must not use, or prescribe, supply or recommend a registered veterinary chemical product for use to treat an animal other than in a way stated in the instructions on the approved label for containers for the product.\nMaximum penalty for subsection (1) —600 penalty units.\nSubsection (1) does not apply if the product is used, or prescribed, supplied or recommended for use in a way authorised by a permit or prescribed under a regulation.\nIt is a defence to a prosecution for an offence against subsection (1) to prove the product was used, or prescribed, supplied or recommended for use in a way authorised under section 12A , 12B or 12C .\nA person, other than a veterinary surgeon, must not use a registered veterinary chemical product other than in a way stated in the instructions on the approved label for containers for the product.\nMaximum penalty for subsection (4) —600 penalty units.\nThis subsection is an executive liability provision—see section 30A .\nSubsection (4) does not apply if the product is used in a way authorised by a permit or prescribed under a regulation.\nIt is a defence to a prosecution for an offence against subsection (4) to prove the product was used in a way authorised under section 12D .\nThis section is an eligible law for the definition ‘permit’ under section 109 of the Agvet Code .\ns 12 ins 2002 No. 76 s 26\namd 2015 No. 15 s 62\n(sec.12-ssec.1) A veterinary surgeon must not use, or prescribe, supply or recommend a registered veterinary chemical product for use to treat an animal other than in a way stated in the instructions on the approved label for containers for the product. Maximum penalty for subsection (1) —600 penalty units.\n(sec.12-ssec.2) Subsection (1) does not apply if the product is used, or prescribed, supplied or recommended for use in a way authorised by a permit or prescribed under a regulation.\n(sec.12-ssec.3) It is a defence to a prosecution for an offence against subsection (1) to prove the product was used, or prescribed, supplied or recommended for use in a way authorised under section 12A , 12B or 12C .\n(sec.12-ssec.4) A person, other than a veterinary surgeon, must not use a registered veterinary chemical product other than in a way stated in the instructions on the approved label for containers for the product. Maximum penalty for subsection (4) —600 penalty units. This subsection is an executive liability provision—see section 30A .\n(sec.12-ssec.5) Subsection (4) does not apply if the product is used in a way authorised by a permit or prescribed under a regulation.\n(sec.12-ssec.6) It is a defence to a prosecution for an offence against subsection (4) to prove the product was used in a way authorised under section 12D .\n(sec.12-ssec.7) This section is an eligible law for the definition ‘permit’ under section 109 of the Agvet Code .","sortOrder":28},{"sectionNumber":"sec.12A","sectionType":"section","heading":"Use by veterinary surgeon on animals other than major trade species","content":"### sec.12A Use by veterinary surgeon on animals other than major trade species\n\nA veterinary surgeon may use, or prescribe, supply or recommend a registered veterinary chemical product for use other than in a way stated in the instructions on the approved label for containers for the product, to treat animals under the care of the veterinary surgeon other than major trade species animals.\nHowever, subsection (1) does not allow a use—\ncontrary to a restraint statement on the label other than to treat a single animal; or\nby injection unless the label gives instructions for use by injection.\ns 12A ins 2002 No. 76 s 26\n(sec.12A-ssec.1) A veterinary surgeon may use, or prescribe, supply or recommend a registered veterinary chemical product for use other than in a way stated in the instructions on the approved label for containers for the product, to treat animals under the care of the veterinary surgeon other than major trade species animals.\n(sec.12A-ssec.2) However, subsection (1) does not allow a use— contrary to a restraint statement on the label other than to treat a single animal; or by injection unless the label gives instructions for use by injection.\n- (a) contrary to a restraint statement on the label other than to treat a single animal; or\n- (b) by injection unless the label gives instructions for use by injection.","sortOrder":29},{"sectionNumber":"sec.12B","sectionType":"section","heading":"Use by veterinary surgeon on major trade species animals","content":"### sec.12B Use by veterinary surgeon on major trade species animals\n\nA veterinary surgeon may use, or prescribe, supply or recommend a registered veterinary chemical product for use other than in a way stated in the instructions on the approved label for containers for the product, to treat—\nif instructions for use on a major trade species animal are mentioned on the label—any major trade species animals; or\nif there are no instructions for use on a major trade species animal mentioned on the label—a single major trade species animal.\nSubsection (1) applies only to animals under the care of the veterinary surgeon.\nHowever, subsection (1) does not allow a use—\ncontrary to a restraint statement on the label other than to treat a single animal; or\nby injection unless the label gives instructions for use by injection.\ns 12B ins 2002 No. 76 s 26\n(sec.12B-ssec.1) A veterinary surgeon may use, or prescribe, supply or recommend a registered veterinary chemical product for use other than in a way stated in the instructions on the approved label for containers for the product, to treat— if instructions for use on a major trade species animal are mentioned on the label—any major trade species animals; or if there are no instructions for use on a major trade species animal mentioned on the label—a single major trade species animal.\n(sec.12B-ssec.2) Subsection (1) applies only to animals under the care of the veterinary surgeon.\n(sec.12B-ssec.3) However, subsection (1) does not allow a use— contrary to a restraint statement on the label other than to treat a single animal; or by injection unless the label gives instructions for use by injection.\n- (a) if instructions for use on a major trade species animal are mentioned on the label—any major trade species animals; or\n- (b) if there are no instructions for use on a major trade species animal mentioned on the label—a single major trade species animal.\n- (a) contrary to a restraint statement on the label other than to treat a single animal; or\n- (b) by injection unless the label gives instructions for use by injection.","sortOrder":30},{"sectionNumber":"sec.12C","sectionType":"section","heading":"Supply by veterinary surgeon to others","content":"### sec.12C Supply by veterinary surgeon to others\n\nA veterinary surgeon may supply a registered veterinary chemical product that is not packed and labelled in the way stated in the Agvet Code —\nfor an animal under the care of the veterinary surgeon; or\nto another veterinary surgeon in the same veterinary practice.\nHowever, subsection (1) (b) applies only if a pharmacologically equivalent registered veterinary chemical product with instructions for use for the particular animal species being treated is not reasonably available in the particular circumstances.\ns 12C ins 2002 No. 76 s 26\n(sec.12C-ssec.1) A veterinary surgeon may supply a registered veterinary chemical product that is not packed and labelled in the way stated in the Agvet Code — for an animal under the care of the veterinary surgeon; or to another veterinary surgeon in the same veterinary practice.\n(sec.12C-ssec.2) However, subsection (1) (b) applies only if a pharmacologically equivalent registered veterinary chemical product with instructions for use for the particular animal species being treated is not reasonably available in the particular circumstances.\n- (a) for an animal under the care of the veterinary surgeon; or\n- (b) to another veterinary surgeon in the same veterinary practice.","sortOrder":31},{"sectionNumber":"sec.12D","sectionType":"section","heading":"Use by other persons in way stated in veterinary surgeon’s instructions","content":"### sec.12D Use by other persons in way stated in veterinary surgeon’s instructions\n\nA person, other than a veterinary surgeon, may use a registered veterinary chemical product, other than in a way stated in the instructions on the approved label for containers for the product if the person uses the product in the way stated in written instructions given by the veterinary surgeon who prescribed, supplied or recommended the product.\nHowever, subsection (1) does not allow a use—\ncontrary to a restraint statement on the label other than to treat a single animal; or\nby injection unless the label gives instructions for use by injection.\ns 12D ins 2002 No. 76 s 26\n(sec.12D-ssec.1) A person, other than a veterinary surgeon, may use a registered veterinary chemical product, other than in a way stated in the instructions on the approved label for containers for the product if the person uses the product in the way stated in written instructions given by the veterinary surgeon who prescribed, supplied or recommended the product.\n(sec.12D-ssec.2) However, subsection (1) does not allow a use— contrary to a restraint statement on the label other than to treat a single animal; or by injection unless the label gives instructions for use by injection.\n- (a) contrary to a restraint statement on the label other than to treat a single animal; or\n- (b) by injection unless the label gives instructions for use by injection.","sortOrder":32},{"sectionNumber":"sec.12E","sectionType":"section","heading":"Use of unregistered veterinary chemical products","content":"### sec.12E Use of unregistered veterinary chemical products\n\nA veterinary surgeon must not use, or prescribe, supply or recommend an unregistered veterinary chemical product for use to treat an animal.\nMaximum penalty for subsection (1) —600 penalty units.\nSubsection (1) does not apply if the product is used, or prescribed, supplied or recommended for use in a way authorised by a permit or prescribed under a regulation.\nIt is a defence to a prosecution for an offence against subsection (1) to prove the product was used, or prescribed, supplied or recommended for use in a way authorised under section 12F or 12G .\nA person, other than a veterinary surgeon, must not use an unregistered veterinary chemical product to treat an animal.\nMaximum penalty for subsection (4) —600 penalty units.\nThis subsection is an executive liability provision—see section 30A .\nSubsection (4) does not apply if the product is used in a way authorised by a permit or prescribed under a regulation.\nIt is a defence to a prosecution for an offence against subsection (4) to prove the product was used in a way authorised under section 12H .\nIt is also a defence to a prosecution for an offence against subsection (1) or (4) to prove—\nthe product was a registered veterinary chemical product at some time in the 2 years immediately before its use by the defendant; and\nthe product’s registration ended under section 47 (2) or (3) of the Agvet Code ; and\nthe defendant’s use of the product did not contravene an instruction that appeared on the approved label for containers for the product immediately before the product’s registration ended; and\nthe label was attached to the product’s container immediately before the product was taken from the container.\nThis section is an eligible law for the definition ‘permit’ under section 109 of the Agvet Code .\ns 12E ins 2002 No. 76 s 26\namd 2015 No. 15 s 63\n(sec.12E-ssec.1) A veterinary surgeon must not use, or prescribe, supply or recommend an unregistered veterinary chemical product for use to treat an animal. Maximum penalty for subsection (1) —600 penalty units.\n(sec.12E-ssec.2) Subsection (1) does not apply if the product is used, or prescribed, supplied or recommended for use in a way authorised by a permit or prescribed under a regulation.\n(sec.12E-ssec.3) It is a defence to a prosecution for an offence against subsection (1) to prove the product was used, or prescribed, supplied or recommended for use in a way authorised under section 12F or 12G .\n(sec.12E-ssec.4) A person, other than a veterinary surgeon, must not use an unregistered veterinary chemical product to treat an animal. Maximum penalty for subsection (4) —600 penalty units. This subsection is an executive liability provision—see section 30A .\n(sec.12E-ssec.5) Subsection (4) does not apply if the product is used in a way authorised by a permit or prescribed under a regulation.\n(sec.12E-ssec.6) It is a defence to a prosecution for an offence against subsection (4) to prove the product was used in a way authorised under section 12H .\n(sec.12E-ssec.7) It is also a defence to a prosecution for an offence against subsection (1) or (4) to prove— the product was a registered veterinary chemical product at some time in the 2 years immediately before its use by the defendant; and the product’s registration ended under section 47 (2) or (3) of the Agvet Code ; and the defendant’s use of the product did not contravene an instruction that appeared on the approved label for containers for the product immediately before the product’s registration ended; and the label was attached to the product’s container immediately before the product was taken from the container.\n(sec.12E-ssec.8) This section is an eligible law for the definition ‘permit’ under section 109 of the Agvet Code .\n- (a) the product was a registered veterinary chemical product at some time in the 2 years immediately before its use by the defendant; and\n- (b) the product’s registration ended under section 47 (2) or (3) of the Agvet Code ; and\n- (c) the defendant’s use of the product did not contravene an instruction that appeared on the approved label for containers for the product immediately before the product’s registration ended; and\n- (d) the label was attached to the product’s container immediately before the product was taken from the container.","sortOrder":33},{"sectionNumber":"sec.12F","sectionType":"section","heading":"Use by veterinary surgeon","content":"### sec.12F Use by veterinary surgeon\n\nA veterinary surgeon may use, or prescribe, supply or recommend an unregistered veterinary chemical product for use to treat—\nanimals other than trade species animals; or\na single trade species animal.\nSubsection (1) applies only to animals under the care of the veterinary surgeon.\ns 12F ins 2002 No. 76 s 26\n(sec.12F-ssec.1) A veterinary surgeon may use, or prescribe, supply or recommend an unregistered veterinary chemical product for use to treat— animals other than trade species animals; or a single trade species animal.\n(sec.12F-ssec.2) Subsection (1) applies only to animals under the care of the veterinary surgeon.\n- (a) animals other than trade species animals; or\n- (b) a single trade species animal.","sortOrder":34},{"sectionNumber":"sec.12G","sectionType":"section","heading":"Supply by veterinary surgeon to others","content":"### sec.12G Supply by veterinary surgeon to others\n\nA veterinary surgeon may supply an unregistered veterinary chemical product to another veterinary surgeon in the same veterinary practice.\nHowever, subsection (1) applies only if a pharmacologically equivalent registered veterinary chemical product with instructions for use for the particular animal species being treated is not reasonably available in the particular circumstances.\ns 12G ins 2002 No. 76 s 26\n(sec.12G-ssec.1) A veterinary surgeon may supply an unregistered veterinary chemical product to another veterinary surgeon in the same veterinary practice.\n(sec.12G-ssec.2) However, subsection (1) applies only if a pharmacologically equivalent registered veterinary chemical product with instructions for use for the particular animal species being treated is not reasonably available in the particular circumstances.","sortOrder":35},{"sectionNumber":"sec.12H","sectionType":"section","heading":"Use by other persons in way stated in veterinary surgeon’s instructions","content":"### sec.12H Use by other persons in way stated in veterinary surgeon’s instructions\n\nA person, other than a veterinary surgeon, may use an unregistered veterinary chemical product to treat an animal in the way stated in written instructions given by the veterinary surgeon who prescribed, supplied or recommended the product.\ns 12H ins 2002 No. 76 s 26","sortOrder":36},{"sectionNumber":"sec.12I","sectionType":"section","heading":"Use of compounded veterinary chemical products","content":"### sec.12I Use of compounded veterinary chemical products\n\nA veterinary surgeon must not use, or prescribe, supply or recommend a compounded veterinary chemical product for use to treat an animal.\nMaximum penalty for subsection (1) —600 penalty units.\nIt is a defence to a prosecution for an offence against subsection (1) to prove the product was used, or prescribed, supplied or recommended for use in a way authorised under section 12J .\nA pharmacist must not supply a compounded veterinary chemical product for use to treat an animal.\nMaximum penalty for subsection (3) —600 penalty units.\nIt is a defence to a prosecution for an offence against subsection (3) to prove the supply of the product was authorised under section 12K .\nA person, other than a veterinary surgeon, must not use a compounded veterinary chemical product to treat an animal.\nMaximum penalty for subsection (5) —600 penalty units.\nThis subsection is a deemed executive liability provision—see section 31 .\nIt is a defence to a prosecution for an offence against subsection (5) to prove the product was used in a way authorised under section 12L .\ns 12I ins 2002 No. 76 s 26\namd 2015 No. 15 s 64\n(sec.12I-ssec.1) A veterinary surgeon must not use, or prescribe, supply or recommend a compounded veterinary chemical product for use to treat an animal. Maximum penalty for subsection (1) —600 penalty units.\n(sec.12I-ssec.2) It is a defence to a prosecution for an offence against subsection (1) to prove the product was used, or prescribed, supplied or recommended for use in a way authorised under section 12J .\n(sec.12I-ssec.3) A pharmacist must not supply a compounded veterinary chemical product for use to treat an animal. Maximum penalty for subsection (3) —600 penalty units.\n(sec.12I-ssec.4) It is a defence to a prosecution for an offence against subsection (3) to prove the supply of the product was authorised under section 12K .\n(sec.12I-ssec.5) A person, other than a veterinary surgeon, must not use a compounded veterinary chemical product to treat an animal. Maximum penalty for subsection (5) —600 penalty units. This subsection is a deemed executive liability provision—see section 31 .\n(sec.12I-ssec.6) It is a defence to a prosecution for an offence against subsection (5) to prove the product was used in a way authorised under section 12L .","sortOrder":37},{"sectionNumber":"sec.12J","sectionType":"section","heading":"Use by veterinary surgeon","content":"### sec.12J Use by veterinary surgeon\n\nA veterinary surgeon may use, or prescribe, supply or recommend for use a compounded veterinary chemical product in a quantity needed for a single course of treatment of—\nanimals other than trade species animals; or\na single trade species animal.\nSubsection (1) applies only to animals under the care of the veterinary surgeon.\ns 12J ins 2002 No. 76 s 26\n(sec.12J-ssec.1) A veterinary surgeon may use, or prescribe, supply or recommend for use a compounded veterinary chemical product in a quantity needed for a single course of treatment of— animals other than trade species animals; or a single trade species animal.\n(sec.12J-ssec.2) Subsection (1) applies only to animals under the care of the veterinary surgeon.\n- (a) animals other than trade species animals; or\n- (b) a single trade species animal.","sortOrder":38},{"sectionNumber":"sec.12K","sectionType":"section","heading":"Supply by pharmacist","content":"### sec.12K Supply by pharmacist\n\nA pharmacist may supply a compounded veterinary chemical product in a quantity needed for a single course of treatment.\ns 12K ins 2002 No. 76 s 26","sortOrder":39},{"sectionNumber":"sec.12L","sectionType":"section","heading":"Use by other persons in way stated in written instructions","content":"### sec.12L Use by other persons in way stated in written instructions\n\nA person, other than a veterinary surgeon, may use a compounded veterinary chemical product to treat an animal in the way stated in written instructions given by—\nthe veterinary surgeon who prescribed, supplied or recommended the product; or\nthe pharmacist who supplied the product.\ns 12L ins 2002 No. 76 s 26\n- (a) the veterinary surgeon who prescribed, supplied or recommended the product; or\n- (b) the pharmacist who supplied the product.","sortOrder":40},{"sectionNumber":"sec.12M","sectionType":"section","heading":"Information to be given by veterinary surgeon or pharmacist","content":"### sec.12M Information to be given by veterinary surgeon or pharmacist\n\nThis section applies to—\na veterinary surgeon who uses, or prescribes, supplies or recommends a veterinary chemical product or compounded veterinary chemical product for use to treat an animal under the care of the veterinary surgeon; or\na pharmacist who supplies a compounded veterinary chemical product under a prescription given by a veterinary surgeon to treat an animal.\nThe veterinary surgeon or pharmacist must give to the person in charge of the animal at the time of the treatment full and appropriate instructions about the treatment including the instructions mentioned in section 12N .\nMaximum penalty for subsection (2) —300 penalty units.\nFor subsection (2) , the instructions—\nmust be in writing, which may include the instructions on the approved label for containers for the product (the label instructions ); and\nmust explain whether or not the label instructions form part of the instructions; and\nmust include an explanation of the meaning of the instructions including the meaning of the label instructions that are equivalent to the matters mentioned in section 12N ; and\nfor a registered veterinary chemical product to be used other than in a way stated in the label instructions—must include an explanation of the extent to which the label instructions do not form part of the instructions.\nSubsection (2) applies to the treatment of an animal other than a trade species animal only if the treatment involves the use of—\na registered veterinary chemical product other than in a way stated in the label instructions; or\na veterinary chemical product that is an S4 medicine under the Medicines and Poisons Act 2019 ; or\nan unregistered veterinary chemical product; or\na compounded veterinary chemical product.\nIf the person who receives the instructions mentioned in subsection (2) is not usually in charge of the animal, the person must give the instructions to the person usually in charge of the animal when that person again becomes in charge of the animal.\nMaximum penalty for subsection (5) —100 penalty units.\ns 12M ins 2002 No. 76 s 26\namd 2019 No. 26 s 290 sch 2\n(sec.12M-ssec.1) This section applies to— a veterinary surgeon who uses, or prescribes, supplies or recommends a veterinary chemical product or compounded veterinary chemical product for use to treat an animal under the care of the veterinary surgeon; or a pharmacist who supplies a compounded veterinary chemical product under a prescription given by a veterinary surgeon to treat an animal.\n(sec.12M-ssec.2) The veterinary surgeon or pharmacist must give to the person in charge of the animal at the time of the treatment full and appropriate instructions about the treatment including the instructions mentioned in section 12N . Maximum penalty for subsection (2) —300 penalty units.\n(sec.12M-ssec.3) For subsection (2) , the instructions— must be in writing, which may include the instructions on the approved label for containers for the product (the label instructions ); and must explain whether or not the label instructions form part of the instructions; and must include an explanation of the meaning of the instructions including the meaning of the label instructions that are equivalent to the matters mentioned in section 12N ; and for a registered veterinary chemical product to be used other than in a way stated in the label instructions—must include an explanation of the extent to which the label instructions do not form part of the instructions.\n(sec.12M-ssec.4) Subsection (2) applies to the treatment of an animal other than a trade species animal only if the treatment involves the use of— a registered veterinary chemical product other than in a way stated in the label instructions; or a veterinary chemical product that is an S4 medicine under the Medicines and Poisons Act 2019 ; or an unregistered veterinary chemical product; or a compounded veterinary chemical product.\n(sec.12M-ssec.5) If the person who receives the instructions mentioned in subsection (2) is not usually in charge of the animal, the person must give the instructions to the person usually in charge of the animal when that person again becomes in charge of the animal. Maximum penalty for subsection (5) —100 penalty units.\n- (a) a veterinary surgeon who uses, or prescribes, supplies or recommends a veterinary chemical product or compounded veterinary chemical product for use to treat an animal under the care of the veterinary surgeon; or\n- (b) a pharmacist who supplies a compounded veterinary chemical product under a prescription given by a veterinary surgeon to treat an animal.\n- (a) must be in writing, which may include the instructions on the approved label for containers for the product (the label instructions ); and\n- (b) must explain whether or not the label instructions form part of the instructions; and\n- (c) must include an explanation of the meaning of the instructions including the meaning of the label instructions that are equivalent to the matters mentioned in section 12N ; and\n- (d) for a registered veterinary chemical product to be used other than in a way stated in the label instructions—must include an explanation of the extent to which the label instructions do not form part of the instructions.\n- (a) a registered veterinary chemical product other than in a way stated in the label instructions; or\n- (b) a veterinary chemical product that is an S4 medicine under the Medicines and Poisons Act 2019 ; or\n- (c) an unregistered veterinary chemical product; or\n- (d) a compounded veterinary chemical product.","sortOrder":41},{"sectionNumber":"sec.12N","sectionType":"section","heading":"Information to be included in instructions","content":"### sec.12N Information to be included in instructions\n\nFor treatment of a trade species animal, the instructions mentioned in section 12M must include—\nwhether there is a withholding period for use of the product and the length of the period; and\nfor a registered veterinary chemical product—particulars to identify the product and, if the product has a distinguishing number, the number; and\nfor a product other than a registered veterinary chemical product—particulars to identify the product; and\nthe name of the product’s active constituent; and\nthe dosage; and\nthe frequency of the dosage; and\nthe treatment period; and\nhow the product is to be used to treat the animal; and\nthe species of animal to be treated; and\ndetails to identify the particular animal; and\nthe date the product was used, prescribed, supplied or recommended for use; and\nthe expiry date of the product; and\nthe name and address of the veterinary surgeon or pharmacist who gave the instructions; and\nthe name and address of the person to whom the product is supplied; and\nfor a recommendation, the period the recommendation is to apply; and\nother information prescribed under a regulation.\nFor treatment of an animal other than a trade species animal, the instructions mentioned in section 12M must include the matters mentioned in subsection (1) (b) to (p) .\ns 12N ins 2002 No. 76 s 26\n(sec.12N-ssec.1) For treatment of a trade species animal, the instructions mentioned in section 12M must include— whether there is a withholding period for use of the product and the length of the period; and for a registered veterinary chemical product—particulars to identify the product and, if the product has a distinguishing number, the number; and for a product other than a registered veterinary chemical product—particulars to identify the product; and the name of the product’s active constituent; and the dosage; and the frequency of the dosage; and the treatment period; and how the product is to be used to treat the animal; and the species of animal to be treated; and details to identify the particular animal; and the date the product was used, prescribed, supplied or recommended for use; and the expiry date of the product; and the name and address of the veterinary surgeon or pharmacist who gave the instructions; and the name and address of the person to whom the product is supplied; and for a recommendation, the period the recommendation is to apply; and other information prescribed under a regulation.\n(sec.12N-ssec.2) For treatment of an animal other than a trade species animal, the instructions mentioned in section 12M must include the matters mentioned in subsection (1) (b) to (p) .\n- (a) whether there is a withholding period for use of the product and the length of the period; and\n- (b) for a registered veterinary chemical product—particulars to identify the product and, if the product has a distinguishing number, the number; and\n- (c) for a product other than a registered veterinary chemical product—particulars to identify the product; and\n- (d) the name of the product’s active constituent; and\n- (e) the dosage; and\n- (f) the frequency of the dosage; and\n- (g) the treatment period; and\n- (h) how the product is to be used to treat the animal; and\n- (i) the species of animal to be treated; and\n- (j) details to identify the particular animal; and\n- (k) the date the product was used, prescribed, supplied or recommended for use; and\n- (l) the expiry date of the product; and\n- (m) the name and address of the veterinary surgeon or pharmacist who gave the instructions; and\n- (n) the name and address of the person to whom the product is supplied; and\n- (o) for a recommendation, the period the recommendation is to apply; and\n- (p) other information prescribed under a regulation.","sortOrder":42},{"sectionNumber":"sec.12O","sectionType":"section","heading":"Instructions must be kept","content":"### sec.12O Instructions must be kept\n\nA person given instructions under section 12M , for treatment of trade species animals, must keep the instructions for—\nthe period prescribed under a regulation; or\nif no period is prescribed—2 years.\nMaximum penalty—100 penalty units.\ns 12O ins 2002 No. 76 s 26\n- (a) the period prescribed under a regulation; or\n- (b) if no period is prescribed—2 years.","sortOrder":43},{"sectionNumber":"sec.12P","sectionType":"section","heading":"Information to be given to person in charge of animal","content":"### sec.12P Information to be given to person in charge of animal\n\nThis section applies to a person, other than a person mentioned in subsection (4) , who uses a veterinary chemical product or compounded veterinary chemical product to treat a trade species animal.\nThe person must give the person in charge of the animal at the time of the treatment, full and appropriate written advice about the treatment including any written instructions given by a veterinary surgeon or pharmacist.\nMaximum penalty for subsection (2) —300 penalty units.\nIf the person who receives the advice is not usually in charge of the animal, the person must give the advice to the person usually in charge of the animal when that person again becomes in charge of the animal.\nMaximum penalty for subsection (3) —100 penalty units.\nThis section does not apply to—\na veterinary surgeon; or\nthe person usually in charge of the animal; or\nan employee of the person usually in charge of the animal who uses the product in the course of the employment.\ns 12P ins 2002 No. 76 s 26\n(sec.12P-ssec.1) This section applies to a person, other than a person mentioned in subsection (4) , who uses a veterinary chemical product or compounded veterinary chemical product to treat a trade species animal.\n(sec.12P-ssec.2) The person must give the person in charge of the animal at the time of the treatment, full and appropriate written advice about the treatment including any written instructions given by a veterinary surgeon or pharmacist. Maximum penalty for subsection (2) —300 penalty units.\n(sec.12P-ssec.3) If the person who receives the advice is not usually in charge of the animal, the person must give the advice to the person usually in charge of the animal when that person again becomes in charge of the animal. Maximum penalty for subsection (3) —100 penalty units.\n(sec.12P-ssec.4) This section does not apply to— a veterinary surgeon; or the person usually in charge of the animal; or an employee of the person usually in charge of the animal who uses the product in the course of the employment.\n- (a) a veterinary surgeon; or\n- (b) the person usually in charge of the animal; or\n- (c) an employee of the person usually in charge of the animal who uses the product in the course of the employment.","sortOrder":44},{"sectionNumber":"sec.12Q","sectionType":"section","heading":"Information to be included in written advice","content":"### sec.12Q Information to be included in written advice\n\nThe written advice mentioned in section 12P must include—\nwhether there is a withholding period for use of the product and the length of the period; and\nfor a registered veterinary chemical product—particulars to identify the product and, if the product has a distinguishing number, the number; and\nfor a product other than a registered veterinary chemical product—particulars to identify the product; and\nthe name of the product’s active constituent; and\nthe dosage; and\nthe frequency of the dosage; and\nthe treatment period; and\nhow the product was used to treat the animal; and\nthe species of animal treated; and\ndetails to identify the particular animal; and\nthe date the product was used; and\nthe name and address of the person using the product; and\nthe name and address of the person usually in charge of the animal; and\nany other information prescribed under a regulation.\nSubsection (3) applies to—\na person mentioned in section 12P (1) ; and\na person usually in charge of an animal, who receives written advice under section 12P (2) or (3) .\nEach person mentioned in subsection (2) must keep a copy of the advice for—\nthe period prescribed under a regulation; or\nif no period is prescribed—2 years.\nMaximum penalty for subsection (3) —100 penalty units.\ns 12Q ins 2002 No. 76 s 26\n(sec.12Q-ssec.1) The written advice mentioned in section 12P must include— whether there is a withholding period for use of the product and the length of the period; and for a registered veterinary chemical product—particulars to identify the product and, if the product has a distinguishing number, the number; and for a product other than a registered veterinary chemical product—particulars to identify the product; and the name of the product’s active constituent; and the dosage; and the frequency of the dosage; and the treatment period; and how the product was used to treat the animal; and the species of animal treated; and details to identify the particular animal; and the date the product was used; and the name and address of the person using the product; and the name and address of the person usually in charge of the animal; and any other information prescribed under a regulation.\n(sec.12Q-ssec.2) Subsection (3) applies to— a person mentioned in section 12P (1) ; and a person usually in charge of an animal, who receives written advice under section 12P (2) or (3) .\n(sec.12Q-ssec.3) Each person mentioned in subsection (2) must keep a copy of the advice for— the period prescribed under a regulation; or if no period is prescribed—2 years. Maximum penalty for subsection (3) —100 penalty units.\n- (a) whether there is a withholding period for use of the product and the length of the period; and\n- (b) for a registered veterinary chemical product—particulars to identify the product and, if the product has a distinguishing number, the number; and\n- (c) for a product other than a registered veterinary chemical product—particulars to identify the product; and\n- (d) the name of the product’s active constituent; and\n- (e) the dosage; and\n- (f) the frequency of the dosage; and\n- (g) the treatment period; and\n- (h) how the product was used to treat the animal; and\n- (i) the species of animal treated; and\n- (j) details to identify the particular animal; and\n- (k) the date the product was used; and\n- (l) the name and address of the person using the product; and\n- (m) the name and address of the person usually in charge of the animal; and\n- (n) any other information prescribed under a regulation.\n- (a) a person mentioned in section 12P (1) ; and\n- (b) a person usually in charge of an animal, who receives written advice under section 12P (2) or (3) .\n- (a) the period prescribed under a regulation; or\n- (b) if no period is prescribed—2 years.","sortOrder":45},{"sectionNumber":"sec.12R","sectionType":"section","heading":"Records to be kept by veterinary surgeon","content":"### sec.12R Records to be kept by veterinary surgeon\n\nThis section applies to a veterinary surgeon who uses, or prescribes, supplies or recommends for use, to treat a trade species animal any of the following—\na registered veterinary chemical product to be used other than in a way stated in the instructions on the approved label for containers for the product;\na veterinary chemical product that is an S4 medicine under the Medicines and Poisons Act 2019 ;\nan unregistered veterinary chemical product;\na compounded veterinary chemical product.\nThe veterinary surgeon must keep a record of the treatment including—\nwhether there is a withholding period for use of the product and the length of the period; and\nfor a registered veterinary chemical product—particulars to identify the product and, if the product has a distinguishing number, the number; and\nfor a product other than a registered veterinary chemical product—particulars to identify the product; and\nthe name of the product’s active constituent; and\nthe dosage; and\nthe frequency of the dosage; and\nthe treatment period; and\nhow the product was used to treat the animal; and\nthe species of animal treated; and\ndetails to identify the particular animal; and\nthe date the product was used or prescribed, supplied or recommended for use; and\nthe expiry date of the product; and\nthe name and address of the person using, prescribing, supplying or recommending the product; and\nthe name and address of the person to whom the product is supplied; and\nfor a recommendation—the period the recommendation is to apply; and\nother information prescribed under a regulation.\nMaximum penalty for subsection (2) —200 penalty units.\nThe veterinary surgeon must keep a copy of the record for—\nthe period prescribed under a regulation; or\nif no period is prescribed—2 years.\nMaximum penalty for subsection (3) —200 penalty units.\ns 12R ins 2002 No. 76 s 26\namd 2019 No. 26 s 290 sch 2\n(sec.12R-ssec.1) This section applies to a veterinary surgeon who uses, or prescribes, supplies or recommends for use, to treat a trade species animal any of the following— a registered veterinary chemical product to be used other than in a way stated in the instructions on the approved label for containers for the product; a veterinary chemical product that is an S4 medicine under the Medicines and Poisons Act 2019 ; an unregistered veterinary chemical product; a compounded veterinary chemical product.\n(sec.12R-ssec.2) The veterinary surgeon must keep a record of the treatment including— whether there is a withholding period for use of the product and the length of the period; and for a registered veterinary chemical product—particulars to identify the product and, if the product has a distinguishing number, the number; and for a product other than a registered veterinary chemical product—particulars to identify the product; and the name of the product’s active constituent; and the dosage; and the frequency of the dosage; and the treatment period; and how the product was used to treat the animal; and the species of animal treated; and details to identify the particular animal; and the date the product was used or prescribed, supplied or recommended for use; and the expiry date of the product; and the name and address of the person using, prescribing, supplying or recommending the product; and the name and address of the person to whom the product is supplied; and for a recommendation—the period the recommendation is to apply; and other information prescribed under a regulation. Maximum penalty for subsection (2) —200 penalty units.\n(sec.12R-ssec.3) The veterinary surgeon must keep a copy of the record for— the period prescribed under a regulation; or if no period is prescribed—2 years. Maximum penalty for subsection (3) —200 penalty units.\n- (a) a registered veterinary chemical product to be used other than in a way stated in the instructions on the approved label for containers for the product;\n- (b) a veterinary chemical product that is an S4 medicine under the Medicines and Poisons Act 2019 ;\n- (c) an unregistered veterinary chemical product;\n- (d) a compounded veterinary chemical product.\n- (a) whether there is a withholding period for use of the product and the length of the period; and\n- (b) for a registered veterinary chemical product—particulars to identify the product and, if the product has a distinguishing number, the number; and\n- (c) for a product other than a registered veterinary chemical product—particulars to identify the product; and\n- (d) the name of the product’s active constituent; and\n- (e) the dosage; and\n- (f) the frequency of the dosage; and\n- (g) the treatment period; and\n- (h) how the product was used to treat the animal; and\n- (i) the species of animal treated; and\n- (j) details to identify the particular animal; and\n- (k) the date the product was used or prescribed, supplied or recommended for use; and\n- (l) the expiry date of the product; and\n- (m) the name and address of the person using, prescribing, supplying or recommending the product; and\n- (n) the name and address of the person to whom the product is supplied; and\n- (o) for a recommendation—the period the recommendation is to apply; and\n- (p) other information prescribed under a regulation.\n- (a) the period prescribed under a regulation; or\n- (b) if no period is prescribed—2 years.","sortOrder":46},{"sectionNumber":"sec.12S","sectionType":"section","heading":"Meaning of withholding period","content":"### sec.12S Meaning of withholding period\n\nThe withholding period , for use of a chemical product or compounded veterinary chemical product, is the minimum period that must elapse between the last use of the product and—\nfor a use in relation to a crop or pasture—the harvesting or cutting of, or the grazing of animals on, the crop or pasture; or\nfor a use in relation to an animal, including the feeding of an animal on feed treated with the product—the shearing or slaughtering of the animal, or the collection of milk or eggs from the animal for human consumption.\ns 12S ins 2002 No. 76 s 26\n- (a) for a use in relation to a crop or pasture—the harvesting or cutting of, or the grazing of animals on, the crop or pasture; or\n- (b) for a use in relation to an animal, including the feeding of an animal on feed treated with the product—the shearing or slaughtering of the animal, or the collection of milk or eggs from the animal for human consumption.","sortOrder":47},{"sectionNumber":"sec.12T","sectionType":"section","heading":"Identification of animals to which withholding period applies","content":"### sec.12T Identification of animals to which withholding period applies\n\nThis section applies to a person in charge of a trade species animal if—\na veterinary chemical product or compounded veterinary chemical product is used to treat the animal; and\na withholding period applies to the use of the product.\nThe person must take reasonable steps to ensure the animal is identifiable as an animal mentioned in subsection (1) during—\nthe treatment period; and\nthe withholding period.\ntagging\nphysical segregation\nwritten records\nMaximum penalty for subsection (2) —300 penalty units.\ns 12T ins 2002 No. 76 s 26\n(sec.12T-ssec.1) This section applies to a person in charge of a trade species animal if— a veterinary chemical product or compounded veterinary chemical product is used to treat the animal; and a withholding period applies to the use of the product.\n(sec.12T-ssec.2) The person must take reasonable steps to ensure the animal is identifiable as an animal mentioned in subsection (1) during— the treatment period; and the withholding period. tagging physical segregation written records Maximum penalty for subsection (2) —300 penalty units.\n- (a) a veterinary chemical product or compounded veterinary chemical product is used to treat the animal; and\n- (b) a withholding period applies to the use of the product.\n- (a) the treatment period; and\n- (b) the withholding period.\n- 1 tagging\n- 2 physical segregation\n- 3 written records","sortOrder":48},{"sectionNumber":"sec.12U","sectionType":"section","heading":"Notice of treatment on supply of trade species animal","content":"### sec.12U Notice of treatment on supply of trade species animal\n\nThis section applies to a person who supplies a trade species animal to another person if—\na veterinary chemical product or compounded veterinary chemical product was used to treat the animal; and\na withholding period applies to the use of the product and the period has not elapsed.\nThe person must give the other person written notice of the treatment including—\nthe withholding period for use of the product or the date the withholding period elapses; and\nthe name of—\nthe product used; or\nif the product does not have a name—the product’s active constituent; and\ndetails to identify the particular animal; and\nthe date of the treatment; and\nother information prescribed under a regulation.\nMaximum penalty for subsection (2) —300 penalty units.\nSubsection (4) applies to—\na person mentioned in subsection (1) ; and\na person who receives written notice under subsection (2) .\nEach person mentioned in subsection (3) must keep a copy of the notice for—\nthe period prescribed under a regulation; or\nif no period is prescribed—2 years.\nMaximum penalty for subsection (4) —100 penalty units.\ns 12U ins 2002 No. 76 s 26\n(sec.12U-ssec.1) This section applies to a person who supplies a trade species animal to another person if— a veterinary chemical product or compounded veterinary chemical product was used to treat the animal; and a withholding period applies to the use of the product and the period has not elapsed.\n(sec.12U-ssec.2) The person must give the other person written notice of the treatment including— the withholding period for use of the product or the date the withholding period elapses; and the name of— the product used; or if the product does not have a name—the product’s active constituent; and details to identify the particular animal; and the date of the treatment; and other information prescribed under a regulation. Maximum penalty for subsection (2) —300 penalty units.\n(sec.12U-ssec.3) Subsection (4) applies to— a person mentioned in subsection (1) ; and a person who receives written notice under subsection (2) .\n(sec.12U-ssec.4) Each person mentioned in subsection (3) must keep a copy of the notice for— the period prescribed under a regulation; or if no period is prescribed—2 years. Maximum penalty for subsection (4) —100 penalty units.\n- (a) a veterinary chemical product or compounded veterinary chemical product was used to treat the animal; and\n- (b) a withholding period applies to the use of the product and the period has not elapsed.\n- (a) the withholding period for use of the product or the date the withholding period elapses; and\n- (b) the name of— (i) the product used; or (ii) if the product does not have a name—the product’s active constituent; and\n- (i) the product used; or\n- (ii) if the product does not have a name—the product’s active constituent; and\n- (c) details to identify the particular animal; and\n- (d) the date of the treatment; and\n- (e) other information prescribed under a regulation.\n- (i) the product used; or\n- (ii) if the product does not have a name—the product’s active constituent; and\n- (a) a person mentioned in subsection (1) ; and\n- (b) a person who receives written notice under subsection (2) .\n- (a) the period prescribed under a regulation; or\n- (b) if no period is prescribed—2 years.","sortOrder":49},{"sectionNumber":"sec.12V","sectionType":"section","heading":"Observance of withholding period","content":"### sec.12V Observance of withholding period\n\nThis section applies to a person in charge of a trade species animal if—\na veterinary chemical product or compounded veterinary chemical product has been used to treat the animal; and\na withholding period applies to the use of the product.\nThe person must not, within the withholding period, allow the animal to be shorn or slaughtered or milk or eggs to be collected from the animal, for human consumption.\nMaximum penalty for subsection (2) —600 penalty units.\nThis subsection is an executive liability provision—see section 30A .\ns 12V ins 2002 No. 76 s 26\namd 2015 No. 15 s 65\n(sec.12V-ssec.1) This section applies to a person in charge of a trade species animal if— a veterinary chemical product or compounded veterinary chemical product has been used to treat the animal; and a withholding period applies to the use of the product.\n(sec.12V-ssec.2) The person must not, within the withholding period, allow the animal to be shorn or slaughtered or milk or eggs to be collected from the animal, for human consumption. Maximum penalty for subsection (2) —600 penalty units. This subsection is an executive liability provision—see section 30A .\n- (a) a veterinary chemical product or compounded veterinary chemical product has been used to treat the animal; and\n- (b) a withholding period applies to the use of the product.","sortOrder":50},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Agricultural chemical products","content":"## Agricultural chemical products","sortOrder":51},{"sectionNumber":"sec.12W","sectionType":"section","heading":"Definitions for div 3","content":"### sec.12W Definitions for div 3\n\nIn this division—\nagricultural ERA see the Environmental Protection Act 1994 , section 79 .\ns 12W def agricultural ERA amd 2019 No. 28 s 39 sch 1\ncarrying out , an agricultural ERA, has the same meaning as carrying out an agricultural ERA under the Environmental Protection Act 1994 .\npreparing , for a prescribed agricultural ERA product, means mixing the product or using it for testing.\nprescribed agricultural ERA conditions , for a prescribed agricultural ERA product, means the conditions prescribed for using, preparing, storing or possessing the product under section 13C (1) (b) .\nprescribed agricultural ERA product means an agricultural chemical product prescribed under section 13C (1) (a) .\ns 12W ins 2009 No. 42 s 2B","sortOrder":52},{"sectionNumber":"sec.13","sectionType":"section","heading":"Use of registered agricultural chemical products in contravention of labels","content":"### sec.13 Use of registered agricultural chemical products in contravention of labels\n\nA person must not use a registered agricultural chemical product other than in a way stated in the instructions on the approved label for containers for the product.\nMaximum penalty for subsection (1) —600 penalty units.\nThis subsection is an executive liability provision—see section 30A .\nSubsection (1) does not apply if the product is used in a way authorised by a permit or prescribed under a regulation.\nIt is a defence to a prosecution for an offence against subsection (1) to prove the product was used in a way authorised under section 13B .\nThis section is an eligible law for the definition ‘permit’ under section 109 of the Agvet Code .\ns 13 ins 2002 No. 76 s 26\namd 2015 No. 15 s 66\n(sec.13-ssec.1) A person must not use a registered agricultural chemical product other than in a way stated in the instructions on the approved label for containers for the product. Maximum penalty for subsection (1) —600 penalty units. This subsection is an executive liability provision—see section 30A .\n(sec.13-ssec.2) Subsection (1) does not apply if the product is used in a way authorised by a permit or prescribed under a regulation.\n(sec.13-ssec.3) It is a defence to a prosecution for an offence against subsection (1) to prove the product was used in a way authorised under section 13B .\n(sec.13-ssec.4) This section is an eligible law for the definition ‘permit’ under section 109 of the Agvet Code .","sortOrder":53},{"sectionNumber":"sec.13A","sectionType":"section","heading":"Use of unregistered agricultural chemical products","content":"### sec.13A Use of unregistered agricultural chemical products\n\nA person must not use an agricultural chemical product unless it is a registered agricultural chemical product.\nMaximum penalty for subsection (1) —600 penalty units.\nThis subsection is an executive liability provision—see section 30A .\nSubsection (1) does not apply if—\nthe product is used in a way authorised by a permit; or\nthe product is prescribed for this subsection under a regulation.\nIt is a defence to a prosecution for an offence against subsection (1) to prove—\nthe product was a registered agricultural chemical product at some time in the 2 years immediately before its use by the defendant; and\nthe product’s registration ended under section 47 (2) or (3) of the Agvet Code ; and\nthe defendant’s use of the product did not contravene an instruction that appeared on the approved label for containers for the product immediately before the product’s registration ended; and\nthe label was attached to the product’s container immediately before the product was taken from the container; and\nif the offence relates to the use of a prescribed agricultural ERA product for carrying out an agricultural ERA—the defendant’s use of the product complied with the prescribed agricultural ERA conditions for the product.\nThis section is an eligible law for the definition ‘permit’ under section 109 of the Agvet Code .\ns 13A ins 2002 No. 76 s 26\namd 2009 No. 42 s 2C ; 2015 No. 15 s 67\n(sec.13A-ssec.1) A person must not use an agricultural chemical product unless it is a registered agricultural chemical product. Maximum penalty for subsection (1) —600 penalty units. This subsection is an executive liability provision—see section 30A .\n(sec.13A-ssec.2) Subsection (1) does not apply if— the product is used in a way authorised by a permit; or the product is prescribed for this subsection under a regulation.\n(sec.13A-ssec.3) It is a defence to a prosecution for an offence against subsection (1) to prove— the product was a registered agricultural chemical product at some time in the 2 years immediately before its use by the defendant; and the product’s registration ended under section 47 (2) or (3) of the Agvet Code ; and the defendant’s use of the product did not contravene an instruction that appeared on the approved label for containers for the product immediately before the product’s registration ended; and the label was attached to the product’s container immediately before the product was taken from the container; and if the offence relates to the use of a prescribed agricultural ERA product for carrying out an agricultural ERA—the defendant’s use of the product complied with the prescribed agricultural ERA conditions for the product.\n(sec.13A-ssec.4) This section is an eligible law for the definition ‘permit’ under section 109 of the Agvet Code .\n- (a) the product is used in a way authorised by a permit; or\n- (b) the product is prescribed for this subsection under a regulation.\n- (a) the product was a registered agricultural chemical product at some time in the 2 years immediately before its use by the defendant; and\n- (b) the product’s registration ended under section 47 (2) or (3) of the Agvet Code ; and\n- (c) the defendant’s use of the product did not contravene an instruction that appeared on the approved label for containers for the product immediately before the product’s registration ended; and\n- (d) the label was attached to the product’s container immediately before the product was taken from the container; and\n- (e) if the offence relates to the use of a prescribed agricultural ERA product for carrying out an agricultural ERA—the defendant’s use of the product complied with the prescribed agricultural ERA conditions for the product.","sortOrder":54},{"sectionNumber":"sec.13B","sectionType":"section","heading":"Compliance with instructions","content":"### sec.13B Compliance with instructions\n\nA person does not contravene an instruction by using an agricultural chemical product at a concentration less than the concentration stated, unless the instruction states the product must be used at a stated concentration or a concentration not less than the concentration stated.\nA person does not contravene an instruction by using an agricultural chemical product (whether or not diluted) at a rate lower than the rate stated, unless the instruction states the product must be used at a rate not lower than the rate stated.\nA person does not contravene an instruction by using an agricultural chemical product more than once for the same plant, with the period between a use and the next being longer than the period stated, unless the instruction states that the period must not be longer than the period stated.\nA person does not contravene an instruction about using an agricultural chemical product to control a pest if the person uses the product to control another pest, unless the instruction states the product must not be used to control the other pest.\nA person does not contravene an instruction about a method of using an agricultural chemical product if the method used by the person (the alternative method ) is different from the instruction, unless the instruction states the alternative method must not be used.\nA person does not contravene an instruction by mixing an agricultural chemical product with another agricultural chemical product or a fertiliser or other substance, unless the instruction states the product must not be mixed with—\nthe other agricultural chemical product or the fertiliser or other substance; or\nanother agricultural chemical product or any fertiliser or other substance.\ns 13B (prev s 8D) ins 1994 No. 78 s 37 sch\namd 2001 No. 63 s 6 ; 2002 No. 76 s 21 (1) – (5)\nrenum and reloc 2002 No. 76 s 21 (6)\n(sec.13B-ssec.1) A person does not contravene an instruction by using an agricultural chemical product at a concentration less than the concentration stated, unless the instruction states the product must be used at a stated concentration or a concentration not less than the concentration stated.\n(sec.13B-ssec.2) A person does not contravene an instruction by using an agricultural chemical product (whether or not diluted) at a rate lower than the rate stated, unless the instruction states the product must be used at a rate not lower than the rate stated.\n(sec.13B-ssec.3) A person does not contravene an instruction by using an agricultural chemical product more than once for the same plant, with the period between a use and the next being longer than the period stated, unless the instruction states that the period must not be longer than the period stated.\n(sec.13B-ssec.4) A person does not contravene an instruction about using an agricultural chemical product to control a pest if the person uses the product to control another pest, unless the instruction states the product must not be used to control the other pest.\n(sec.13B-ssec.5) A person does not contravene an instruction about a method of using an agricultural chemical product if the method used by the person (the alternative method ) is different from the instruction, unless the instruction states the alternative method must not be used.\n(sec.13B-ssec.6) A person does not contravene an instruction by mixing an agricultural chemical product with another agricultural chemical product or a fertiliser or other substance, unless the instruction states the product must not be mixed with— the other agricultural chemical product or the fertiliser or other substance; or another agricultural chemical product or any fertiliser or other substance.\n- (a) the other agricultural chemical product or the fertiliser or other substance; or\n- (b) another agricultural chemical product or any fertiliser or other substance.","sortOrder":55},{"sectionNumber":"sec.13C","sectionType":"section","heading":"Prescribed agricultural ERA products and conditions","content":"### sec.13C Prescribed agricultural ERA products and conditions\n\nA regulation may—\ndeclare an agricultural chemical product to be a prescribed agricultural ERA product; and\nprescribe conditions for using, preparing, storing and possessing the product for carrying out an agricultural ERA.\nHowever, a regulation may be made under subsection (1) only if the Minister considers it is necessary or desirable to help achieve the purpose of the Environmental Protection Act 1994 , chapter 4A .\nTo remove any doubt, it is declared that an agricultural chemical product may be declared as a prescribed agricultural ERA product under subsection (1) (a) and conditions may be prescribed for the product under subsection (1) (b) whether or not the product is a registered agricultural chemical product.\ns 13C ins 2009 No. 42 s 2D\namd 2019 No. 28 s 39 sch 1\n(sec.13C-ssec.1) A regulation may— declare an agricultural chemical product to be a prescribed agricultural ERA product; and prescribe conditions for using, preparing, storing and possessing the product for carrying out an agricultural ERA.\n(sec.13C-ssec.2) However, a regulation may be made under subsection (1) only if the Minister considers it is necessary or desirable to help achieve the purpose of the Environmental Protection Act 1994 , chapter 4A .\n(sec.13C-ssec.3) To remove any doubt, it is declared that an agricultural chemical product may be declared as a prescribed agricultural ERA product under subsection (1) (a) and conditions may be prescribed for the product under subsection (1) (b) whether or not the product is a registered agricultural chemical product.\n- (a) declare an agricultural chemical product to be a prescribed agricultural ERA product; and\n- (b) prescribe conditions for using, preparing, storing and possessing the product for carrying out an agricultural ERA.","sortOrder":56},{"sectionNumber":"sec.13D","sectionType":"section","heading":"Compliance with prescribed agricultural ERA condition","content":"### sec.13D Compliance with prescribed agricultural ERA condition\n\nA person uses, prepares, stores or possesses a prescribed agricultural ERA product for carrying out an agricultural ERA in compliance with a prescribed agricultural ERA condition for the product only if the use, preparation, storage or possession of the product complies with—\nthe condition; or\nan agricultural ERA standard that applies to the agricultural ERA; or\nif the person is accredited under a recognised accreditation program for the agricultural ERA—the recognised accreditation program.\nIn this section—\nagricultural ERA standard see the Environmental Protection Act 1994 , section 81 (1) .\nrecognised accreditation program see the Environmental Protection Act 1994 , section 318YA .\ns 13D ins 2009 No. 42 s 2D\namd 2019 No. 28 s 39 sch 1\n(sec.13D-ssec.1) A person uses, prepares, stores or possesses a prescribed agricultural ERA product for carrying out an agricultural ERA in compliance with a prescribed agricultural ERA condition for the product only if the use, preparation, storage or possession of the product complies with— the condition; or an agricultural ERA standard that applies to the agricultural ERA; or if the person is accredited under a recognised accreditation program for the agricultural ERA—the recognised accreditation program.\n(sec.13D-ssec.2) In this section— agricultural ERA standard see the Environmental Protection Act 1994 , section 81 (1) . recognised accreditation program see the Environmental Protection Act 1994 , section 318YA .\n- (a) the condition; or\n- (b) an agricultural ERA standard that applies to the agricultural ERA; or\n- (c) if the person is accredited under a recognised accreditation program for the agricultural ERA—the recognised accreditation program.","sortOrder":57},{"sectionNumber":"sec.13E","sectionType":"section","heading":"Use etc. of registered agricultural ERA products for agricultural ERAs","content":"### sec.13E Use etc. of registered agricultural ERA products for agricultural ERAs\n\nA person must not use, prepare, store or possess a registered agricultural ERA product for carrying out an agricultural ERA other than in a way that complies with the prescribed agricultural ERA conditions for the product.\nMaximum penalty—100 penalty units.\nThis subsection is a deemed executive liability provision—see section 31 .\nThis section is an eligible law for the definition ‘ permit ’ under section 109 of the Agvet Code .\nIn this section—\nregistered agricultural ERA product means a registered agricultural chemical product that is a prescribed agricultural ERA product.\ns 13E ins 2009 No. 42 s 2D\namd 2015 No. 15 s 68\n(sec.13E-ssec.1) A person must not use, prepare, store or possess a registered agricultural ERA product for carrying out an agricultural ERA other than in a way that complies with the prescribed agricultural ERA conditions for the product. Maximum penalty—100 penalty units. This subsection is a deemed executive liability provision—see section 31 .\n(sec.13E-ssec.2) This section is an eligible law for the definition ‘ permit ’ under section 109 of the Agvet Code .\n(sec.13E-ssec.3) In this section— registered agricultural ERA product means a registered agricultural chemical product that is a prescribed agricultural ERA product.","sortOrder":58},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Chemical residues","content":"## Chemical residues","sortOrder":59},{"sectionNumber":"sec.13F","sectionType":"section","heading":"Definition for division","content":"### sec.13F Definition for division\n\nIn this division—\nrelevant thing means any of the following—\nagricultural produce;\nmanufactured stock food;\nthe tissue of a trade species animal;\na product derived from a trade species animal.\ns 13F ins 2020 No. 3 s 68\n- (a) agricultural produce;\n- (b) manufactured stock food;\n- (c) the tissue of a trade species animal;\n- (d) a product derived from a trade species animal.","sortOrder":60},{"sectionNumber":"sec.14","sectionType":"section","heading":"Recall of chemicals etc.","content":"### sec.14 Recall of chemicals etc.\n\nThe chief executive may, where the chief executive is of the opinion that it is in the public interest to do so having regard to the harm that may be caused to any property, any human or animal life, the environment or the State’s trade with any other State or a Territory or another country by the use of a chemical or prescribed substance, give notice in writing to the primary dealer of the chemical or manufacturer or producer of the prescribed substance directing him or her, within the time specified in the notice, to take the steps and do the acts and things specified in the notice to recall the chemical or prescribed substance from other persons having it in their possession.\nA notice given under subsection (1) may direct the person to whom it is given to destroy, denature or otherwise deal with any of the chemical or prescribed substance in or coming into the possession of the person, within the time and in the manner specified in the notice.\nA person must not contravene a notice under subsection (1) , unless the person has a reasonable excuse for the contravention.\nMaximum penalty—100 penalty units.\nThis subsection is a deemed executive liability provision—see section 31 .\nIn this section—\nprescribed substance means—\nany agricultural produce, manufactured stock food or fertiliser in or on which is the residue of a chemical; or\nany substance in or on which is the residue of a chemical which substance is used in connection with any agricultural produce, manufactured stock food or fertiliser.\ns 14 amd 1994 No. 78 s 37 sch ; 2015 No. 15 s 69\n(sec.14-ssec.1) The chief executive may, where the chief executive is of the opinion that it is in the public interest to do so having regard to the harm that may be caused to any property, any human or animal life, the environment or the State’s trade with any other State or a Territory or another country by the use of a chemical or prescribed substance, give notice in writing to the primary dealer of the chemical or manufacturer or producer of the prescribed substance directing him or her, within the time specified in the notice, to take the steps and do the acts and things specified in the notice to recall the chemical or prescribed substance from other persons having it in their possession.\n(sec.14-ssec.2) A notice given under subsection (1) may direct the person to whom it is given to destroy, denature or otherwise deal with any of the chemical or prescribed substance in or coming into the possession of the person, within the time and in the manner specified in the notice.\n(sec.14-ssec.3) A person must not contravene a notice under subsection (1) , unless the person has a reasonable excuse for the contravention. Maximum penalty—100 penalty units. This subsection is a deemed executive liability provision—see section 31 .\n(sec.14-ssec.4) In this section— prescribed substance means— any agricultural produce, manufactured stock food or fertiliser in or on which is the residue of a chemical; or any substance in or on which is the residue of a chemical which substance is used in connection with any agricultural produce, manufactured stock food or fertiliser.\n- (a) any agricultural produce, manufactured stock food or fertiliser in or on which is the residue of a chemical; or\n- (b) any substance in or on which is the residue of a chemical which substance is used in connection with any agricultural produce, manufactured stock food or fertiliser.","sortOrder":61},{"sectionNumber":"sec.15","sectionType":"section","heading":"Duty to report chemical residues in or on relevant thing","content":"### sec.15 Duty to report chemical residues in or on relevant thing\n\nThis section applies to a person if the person becomes aware that the residue of a chemical in or on a relevant thing is more than the maximum residue limit prescribed for the thing.\na person conducting an analysis of a relevant thing\na veterinary surgeon who treats a trade species animal\na person who monitors the residue of chemicals on agricultural produce for a supermarket or grocery store\na farmer who receives a report of an analysis of agricultural produce from a laboratory based outside Queensland\nAs soon as practicable but within 24 hours after becoming aware, the person must—\nadvise the standards officer that the residue of a chemical in or on the relevant thing exceeds the maximum residue limit prescribed for the thing; and\ngive the standards officer the required information for the relevant thing.\nMaximum penalty—40 penalty units.\nHowever, the person is not required to comply with subsection (2) if the person becomes aware, before the person would otherwise be required to advise the standards officer under the subsection, that another person has advised the standards officer as required under subsection (2) .\nA person would not be required to advise the standards officer that the residue of a chemical in or on a relevant thing exceeds the maximum residue limit prescribed for the thing if a person who conducted an analysis of the thing had already advised the standards officer about it as soon as the results of the analysis were known.\nA person complies with subsection (2) (b) if the person gives the standards officer a laboratory report about the residue of a chemical in or on a sample of the relevant thing that contains all of the required information for the relevant thing.\nHowever, if the laboratory report does not contain all of the required information for the relevant thing, the person only complies with subsection (2) (b) if the person also gives the standards officer—\nthe required information that is not contained in the laboratory report for the relevant thing; and\nsufficient information for the standards officer to identify the laboratory report to which the required information mentioned in paragraph (a) relates.\nthe sample number for the relevant thing the subject of the laboratory report\nIn this section—\ndistinguishing number , for a relevant thing, includes a number with 1 or more letters or symbols.\nlaboratory number , for a relevant thing, means the distinguishing number given to a sample of the thing by a laboratory that analysed the thing.\nrequired information , for a relevant thing, means the following information about the thing—\na description of the relevant thing;\nif the relevant thing has a sample number—the sample number;\nif the relevant thing has a laboratory number—the laboratory number;\nthe name of the residue of the chemical in or on the relevant thing;\nthe concentration of the residue of the chemical in or on the relevant thing;\nthe maximum residue limit prescribed for the residue of the chemical in or on the relevant thing;\nthe name and address of the person who manufactured or produced the relevant thing;\nif the information mentioned in paragraph (g) is not reasonably available—the name and address of the person from whom the relevant thing was obtained.\nsample number , for a relevant thing, means a distinguishing number given to the sample of the thing by a person who made the sample of the thing.\ns 15 amd 1994 No. 78 s 37 sch; 2002 No. 76 s 17 sch 2\nsub 2014 No. 7 s 518 ; 2020 No. 3 s 69\n(sec.15-ssec.1) This section applies to a person if the person becomes aware that the residue of a chemical in or on a relevant thing is more than the maximum residue limit prescribed for the thing. a person conducting an analysis of a relevant thing a veterinary surgeon who treats a trade species animal a person who monitors the residue of chemicals on agricultural produce for a supermarket or grocery store a farmer who receives a report of an analysis of agricultural produce from a laboratory based outside Queensland\n(sec.15-ssec.2) As soon as practicable but within 24 hours after becoming aware, the person must— advise the standards officer that the residue of a chemical in or on the relevant thing exceeds the maximum residue limit prescribed for the thing; and give the standards officer the required information for the relevant thing. Maximum penalty—40 penalty units.\n(sec.15-ssec.3) However, the person is not required to comply with subsection (2) if the person becomes aware, before the person would otherwise be required to advise the standards officer under the subsection, that another person has advised the standards officer as required under subsection (2) . A person would not be required to advise the standards officer that the residue of a chemical in or on a relevant thing exceeds the maximum residue limit prescribed for the thing if a person who conducted an analysis of the thing had already advised the standards officer about it as soon as the results of the analysis were known.\n(sec.15-ssec.4) A person complies with subsection (2) (b) if the person gives the standards officer a laboratory report about the residue of a chemical in or on a sample of the relevant thing that contains all of the required information for the relevant thing.\n(sec.15-ssec.5) However, if the laboratory report does not contain all of the required information for the relevant thing, the person only complies with subsection (2) (b) if the person also gives the standards officer— the required information that is not contained in the laboratory report for the relevant thing; and sufficient information for the standards officer to identify the laboratory report to which the required information mentioned in paragraph (a) relates. the sample number for the relevant thing the subject of the laboratory report\n(sec.15-ssec.6) In this section— distinguishing number , for a relevant thing, includes a number with 1 or more letters or symbols. laboratory number , for a relevant thing, means the distinguishing number given to a sample of the thing by a laboratory that analysed the thing. required information , for a relevant thing, means the following information about the thing— a description of the relevant thing; if the relevant thing has a sample number—the sample number; if the relevant thing has a laboratory number—the laboratory number; the name of the residue of the chemical in or on the relevant thing; the concentration of the residue of the chemical in or on the relevant thing; the maximum residue limit prescribed for the residue of the chemical in or on the relevant thing; the name and address of the person who manufactured or produced the relevant thing; if the information mentioned in paragraph (g) is not reasonably available—the name and address of the person from whom the relevant thing was obtained. sample number , for a relevant thing, means a distinguishing number given to the sample of the thing by a person who made the sample of the thing.\n- • a person conducting an analysis of a relevant thing\n- • a veterinary surgeon who treats a trade species animal\n- • a person who monitors the residue of chemicals on agricultural produce for a supermarket or grocery store\n- • a farmer who receives a report of an analysis of agricultural produce from a laboratory based outside Queensland\n- (a) advise the standards officer that the residue of a chemical in or on the relevant thing exceeds the maximum residue limit prescribed for the thing; and\n- (b) give the standards officer the required information for the relevant thing.\n- (a) the required information that is not contained in the laboratory report for the relevant thing; and\n- (b) sufficient information for the standards officer to identify the laboratory report to which the required information mentioned in paragraph (a) relates. Example— the sample number for the relevant thing the subject of the laboratory report\n- (a) a description of the relevant thing;\n- (b) if the relevant thing has a sample number—the sample number;\n- (c) if the relevant thing has a laboratory number—the laboratory number;\n- (d) the name of the residue of the chemical in or on the relevant thing;\n- (e) the concentration of the residue of the chemical in or on the relevant thing;\n- (f) the maximum residue limit prescribed for the residue of the chemical in or on the relevant thing;\n- (g) the name and address of the person who manufactured or produced the relevant thing;\n- (h) if the information mentioned in paragraph (g) is not reasonably available—the name and address of the person from whom the relevant thing was obtained.","sortOrder":62},{"sectionNumber":"sec.15A","sectionType":"section","heading":null,"content":"### Section sec.15A\n\ns 15A ins 2014 No. 7 s 518\nom 2020 No. 3 s 69","sortOrder":63},{"sectionNumber":"sec.16","sectionType":"section","heading":"Agricultural produce etc. containing chemical residues not to be used etc.","content":"### sec.16 Agricultural produce etc. containing chemical residues not to be used etc.\n\nThe standards officer or an inspector may, by notice in writing given to a prescribed person, direct that person not to use, destroy, dispose of or otherwise deal with any prescribed substance to which the notice relates otherwise than as permitted (if at all) by the notice.\nSubsection (2) applies if the standards officer or an inspector suspects or believes on reasonable grounds that the cultivation of a plant in or on land, or the grazing or keeping of a trade species animal on land, would be likely to result in the residue of a chemical being present in or on a relevant thing in an amount more than the maximum residue limit prescribed for the relevant thing.\nThe standards officer or the inspector may, by notice in writing given to the owner or occupier of the land, direct the owner or occupier not to cultivate any plant or any class of plant in or on the land, or graze or keep a trade species animal on the land, other than as permitted under the notice.\nA notice given by an inspector under subsection (1) or (2) shall have effect for the period specified therein but in no case exceeding 3 days.\nSubject to subsection (5) , a notice given by the standards officer under subsection (1) or (2) may be given without limit to time.\nA notice given by the standards officer under subsection (1) or (2) shall specify a time after which it ceases to have effect unless the standards officer has received a report of an analysis conducted by an analyst that confirms the standards officer’s suspicion or belief in respect of the matters to which the notice relates.\nThis subsection shall not be construed to prevent the standards officer from giving successive notices under subsection (1) or (2) .\nA notice given under this section must be accompanied by an information notice for the decision to give the direction.\nA person must not contravene a notice under subsection (1) or (2) , unless the person has a reasonable excuse for the contravention.\nMaximum penalty for subsection (6) —800 penalty units.\nThis subsection is an executive liability provision—see section 30A .\nIn this section—\nprescribed person means a person having possession of any prescribed substance or, where the prescribed substance is in transit, the person into whose possession it is to be delivered.\nprescribed substance means—\na relevant thing in or on which the standards officer or an inspector suspects or believes on reasonable grounds there is the residue of a chemical in an amount more than the maximum residue limit prescribed for the relevant thing; or\nplants from which agricultural produce may be derived in or on which the standards officer or inspector suspects or believes on reasonable grounds that there is the residue of a chemical in an amount such that agricultural produce derived from the plants is likely to have therein or thereon the residue of a chemical in an amount that exceeds the maximum residue limit prescribed for that produce; or\na trade species animal in which the standards officer or an inspector suspects or believes on reasonable grounds there is the residue of a chemical in an amount that a product derived from the animal is likely to have in it the residue of a chemical in an amount more than the maximum residue limit prescribed for the product; or\na substance in or on which the standards officer or inspector suspects or believes on reasonable grounds that there is the residue of a chemical in such an amount that the ordinary use of the substance is likely to result, directly or indirectly, in the residue of a chemical being in or on agricultural produce, manufactured stock food or a product derived from a trade species animal in an amount more than the maximum residue limit prescribed for the produce, stock food or product.\ns 16 amd 1994 No. 78 s 37 sch ; 2002 No. 76 ss 17 , 30 sch 1 ; 2009 No. 24 s 403 ; 2015 No. 15 s 70 ; 2014 No. 7 s 519 ; 2020 No. 3 s 70\n(sec.16-ssec.1) The standards officer or an inspector may, by notice in writing given to a prescribed person, direct that person not to use, destroy, dispose of or otherwise deal with any prescribed substance to which the notice relates otherwise than as permitted (if at all) by the notice.\n(sec.16-ssec.1A) Subsection (2) applies if the standards officer or an inspector suspects or believes on reasonable grounds that the cultivation of a plant in or on land, or the grazing or keeping of a trade species animal on land, would be likely to result in the residue of a chemical being present in or on a relevant thing in an amount more than the maximum residue limit prescribed for the relevant thing.\n(sec.16-ssec.2) The standards officer or the inspector may, by notice in writing given to the owner or occupier of the land, direct the owner or occupier not to cultivate any plant or any class of plant in or on the land, or graze or keep a trade species animal on the land, other than as permitted under the notice.\n(sec.16-ssec.3) A notice given by an inspector under subsection (1) or (2) shall have effect for the period specified therein but in no case exceeding 3 days.\n(sec.16-ssec.4) Subject to subsection (5) , a notice given by the standards officer under subsection (1) or (2) may be given without limit to time.\n(sec.16-ssec.5) A notice given by the standards officer under subsection (1) or (2) shall specify a time after which it ceases to have effect unless the standards officer has received a report of an analysis conducted by an analyst that confirms the standards officer’s suspicion or belief in respect of the matters to which the notice relates.\n(sec.16-ssec.5A) This subsection shall not be construed to prevent the standards officer from giving successive notices under subsection (1) or (2) .\n(sec.16-ssec.5B) A notice given under this section must be accompanied by an information notice for the decision to give the direction.\n(sec.16-ssec.6) A person must not contravene a notice under subsection (1) or (2) , unless the person has a reasonable excuse for the contravention. Maximum penalty for subsection (6) —800 penalty units. This subsection is an executive liability provision—see section 30A .\n(sec.16-ssec.7) In this section— prescribed person means a person having possession of any prescribed substance or, where the prescribed substance is in transit, the person into whose possession it is to be delivered. prescribed substance means— a relevant thing in or on which the standards officer or an inspector suspects or believes on reasonable grounds there is the residue of a chemical in an amount more than the maximum residue limit prescribed for the relevant thing; or plants from which agricultural produce may be derived in or on which the standards officer or inspector suspects or believes on reasonable grounds that there is the residue of a chemical in an amount such that agricultural produce derived from the plants is likely to have therein or thereon the residue of a chemical in an amount that exceeds the maximum residue limit prescribed for that produce; or a trade species animal in which the standards officer or an inspector suspects or believes on reasonable grounds there is the residue of a chemical in an amount that a product derived from the animal is likely to have in it the residue of a chemical in an amount more than the maximum residue limit prescribed for the product; or a substance in or on which the standards officer or inspector suspects or believes on reasonable grounds that there is the residue of a chemical in such an amount that the ordinary use of the substance is likely to result, directly or indirectly, in the residue of a chemical being in or on agricultural produce, manufactured stock food or a product derived from a trade species animal in an amount more than the maximum residue limit prescribed for the produce, stock food or product.\n- (a) a relevant thing in or on which the standards officer or an inspector suspects or believes on reasonable grounds there is the residue of a chemical in an amount more than the maximum residue limit prescribed for the relevant thing; or\n- (b) plants from which agricultural produce may be derived in or on which the standards officer or inspector suspects or believes on reasonable grounds that there is the residue of a chemical in an amount such that agricultural produce derived from the plants is likely to have therein or thereon the residue of a chemical in an amount that exceeds the maximum residue limit prescribed for that produce; or\n- (c) a trade species animal in which the standards officer or an inspector suspects or believes on reasonable grounds there is the residue of a chemical in an amount that a product derived from the animal is likely to have in it the residue of a chemical in an amount more than the maximum residue limit prescribed for the product; or\n- (d) a substance in or on which the standards officer or inspector suspects or believes on reasonable grounds that there is the residue of a chemical in such an amount that the ordinary use of the substance is likely to result, directly or indirectly, in the residue of a chemical being in or on agricultural produce, manufactured stock food or a product derived from a trade species animal in an amount more than the maximum residue limit prescribed for the produce, stock food or product.","sortOrder":64},{"sectionNumber":"sec.17","sectionType":"section","heading":"Approval to use etc. agricultural produce etc. or cultivate plants, or graze or keep trade species animals, on land","content":"### sec.17 Approval to use etc. agricultural produce etc. or cultivate plants, or graze or keep trade species animals, on land\n\nWhere a person wishes to—\nuse, destroy, dispose of or otherwise deal with any prescribed substance; or\ncultivate a plant, or graze or keep a trade species animal, on land;\nwithin a time or in a manner that is contrary to a direction contained in a notice under section 16 , the person may apply in writing to the standards officer for approval to use, destroy, dispose of or otherwise deal with the prescribed substance or, as the case may be, cultivate the plant, or graze or keep the trade species animal, on the land, as specified in the application.\nThe standards officer may, whether pursuant to an application made under subsection (1) or otherwise, approve in writing—\nthe use, destruction or disposal of or other dealing with any prescribed substance; or\nthe cultivation of a plant, or the grazing or keeping of a trade species animal, on land;\nwithin a time or in a manner that is contrary to a direction contained in a notice under section 16 if the standards officer is satisfied that such use, destruction, disposal or other dealing or, as the case may be, cultivation, grazing or keeping—\nis not a breach of any other Act or a law made under any other Act; and\nwill not cause harm, that in the circumstances is unreasonable, to any property, any human or animal life, the environment or the State’s trade with any other State or a Territory or another country.\nAn approval given under this section may be given subject to such terms and conditions as are specified therein.\nTo the extent that a notice under section 16 is not consistent with an approval given under this section, that notice shall cease to be of force or effect.\nIf the standards officer refuses an application made under subsection (1) , the standards officer must, as soon as practicable after making the decision, give the person an information notice for the decision.\nA person who uses, destroys or disposes of or otherwise deals with a prescribed substance or cultivates a plant, or grazes or keeps a trade species animal, on land contrary to an approval given under this section commits an offence.\nMaximum penalty for subsection (5) —800 penalty units.\nThis subsection is an executive liability provision—see section 30A .\nIn this section—\nprescribed substance means agricultural produce, manufactured stock food, a plant, a trade species animal, a product derived from a trade species animal, or other substance.\ns 17 amd 2002 No. 76 ss 17 , 30 sch 1 ; 2009 No. 24 s 404 ; 2015 No. 15 s 71 ; 2014 No. 7 s 520\n(sec.17-ssec.1) Where a person wishes to— use, destroy, dispose of or otherwise deal with any prescribed substance; or cultivate a plant, or graze or keep a trade species animal, on land; within a time or in a manner that is contrary to a direction contained in a notice under section 16 , the person may apply in writing to the standards officer for approval to use, destroy, dispose of or otherwise deal with the prescribed substance or, as the case may be, cultivate the plant, or graze or keep the trade species animal, on the land, as specified in the application.\n(sec.17-ssec.2) The standards officer may, whether pursuant to an application made under subsection (1) or otherwise, approve in writing— the use, destruction or disposal of or other dealing with any prescribed substance; or the cultivation of a plant, or the grazing or keeping of a trade species animal, on land; within a time or in a manner that is contrary to a direction contained in a notice under section 16 if the standards officer is satisfied that such use, destruction, disposal or other dealing or, as the case may be, cultivation, grazing or keeping— is not a breach of any other Act or a law made under any other Act; and will not cause harm, that in the circumstances is unreasonable, to any property, any human or animal life, the environment or the State’s trade with any other State or a Territory or another country.\n(sec.17-ssec.3) An approval given under this section may be given subject to such terms and conditions as are specified therein.\n(sec.17-ssec.4) To the extent that a notice under section 16 is not consistent with an approval given under this section, that notice shall cease to be of force or effect.\n(sec.17-ssec.4A) If the standards officer refuses an application made under subsection (1) , the standards officer must, as soon as practicable after making the decision, give the person an information notice for the decision.\n(sec.17-ssec.5) A person who uses, destroys or disposes of or otherwise deals with a prescribed substance or cultivates a plant, or grazes or keeps a trade species animal, on land contrary to an approval given under this section commits an offence. Maximum penalty for subsection (5) —800 penalty units. This subsection is an executive liability provision—see section 30A .\n(sec.17-ssec.6) In this section— prescribed substance means agricultural produce, manufactured stock food, a plant, a trade species animal, a product derived from a trade species animal, or other substance.\n- (a) use, destroy, dispose of or otherwise deal with any prescribed substance; or\n- (b) cultivate a plant, or graze or keep a trade species animal, on land;\n- (a) the use, destruction or disposal of or other dealing with any prescribed substance; or\n- (b) the cultivation of a plant, or the grazing or keeping of a trade species animal, on land;\n- (c) is not a breach of any other Act or a law made under any other Act; and\n- (d) will not cause harm, that in the circumstances is unreasonable, to any property, any human or animal life, the environment or the State’s trade with any other State or a Territory or another country.","sortOrder":65},{"sectionNumber":"sec.18","sectionType":"section","heading":"Destruction of agricultural produce etc. at direction of chief executive","content":"### sec.18 Destruction of agricultural produce etc. at direction of chief executive\n\nIf the chief executive is notified by the standards officer that the residue of a chemical is in or on—\na portion or sample of any agricultural produce, manufactured stock food or a product derived from a trade species animal in an amount more than the maximum residue limit prescribed for the produce, stock food or product; or\na portion or sample of any plants from which agricultural produce may be derived and the chief executive forms the opinion that agricultural produce derived from the plants is likely to have therein or thereon the residue of a chemical in an amount more than the maximum residue limit prescribed for that produce; or\na portion or sample of a trade species animal from which a product may be derived and the chief executive forms the opinion that the product is likely to have in or on it the residue of a chemical in an amount more than the maximum residue limit prescribed for the product; or\na portion or sample of any other substance and the chief executive forms the opinion that the ordinary use of the substance is likely to result directly or indirectly in any agricultural produce, manufactured stock food or a product derived from a trade species animal having in or on it the residue of a chemical in an amount more than the maximum residue limit prescribed for the produce, stock food or product;\nthe chief executive may by notice in writing given to any person in possession of the agricultural produce, manufactured stock food, plants, a product derived from a trade species animal, or other substance from which the portion or sample was taken, direct the person to cause it or them to be destroyed, or otherwise disposed of, in the manner and within the time specified in the notice.\nA person to whom a notice is given under subsection (1) shall not use, destroy, dispose of or otherwise deal with the substance to which the notice relates otherwise than as directed by the notice.\nMaximum penalty for subsection (2) —600 penalty units.\nThis subsection is an executive liability provision—see section 30A .\ns 18 amd 1994 No. 78 s 37 sch ; 2002 No. 76 ss 17 , 30 sch 1 ; 2015 No. 15 s 72 ; 2014 No. 7 s 521\n(sec.18-ssec.1) If the chief executive is notified by the standards officer that the residue of a chemical is in or on— a portion or sample of any agricultural produce, manufactured stock food or a product derived from a trade species animal in an amount more than the maximum residue limit prescribed for the produce, stock food or product; or a portion or sample of any plants from which agricultural produce may be derived and the chief executive forms the opinion that agricultural produce derived from the plants is likely to have therein or thereon the residue of a chemical in an amount more than the maximum residue limit prescribed for that produce; or a portion or sample of a trade species animal from which a product may be derived and the chief executive forms the opinion that the product is likely to have in or on it the residue of a chemical in an amount more than the maximum residue limit prescribed for the product; or a portion or sample of any other substance and the chief executive forms the opinion that the ordinary use of the substance is likely to result directly or indirectly in any agricultural produce, manufactured stock food or a product derived from a trade species animal having in or on it the residue of a chemical in an amount more than the maximum residue limit prescribed for the produce, stock food or product; the chief executive may by notice in writing given to any person in possession of the agricultural produce, manufactured stock food, plants, a product derived from a trade species animal, or other substance from which the portion or sample was taken, direct the person to cause it or them to be destroyed, or otherwise disposed of, in the manner and within the time specified in the notice.\n(sec.18-ssec.2) A person to whom a notice is given under subsection (1) shall not use, destroy, dispose of or otherwise deal with the substance to which the notice relates otherwise than as directed by the notice. Maximum penalty for subsection (2) —600 penalty units. This subsection is an executive liability provision—see section 30A .\n- (a) a portion or sample of any agricultural produce, manufactured stock food or a product derived from a trade species animal in an amount more than the maximum residue limit prescribed for the produce, stock food or product; or\n- (b) a portion or sample of any plants from which agricultural produce may be derived and the chief executive forms the opinion that agricultural produce derived from the plants is likely to have therein or thereon the residue of a chemical in an amount more than the maximum residue limit prescribed for that produce; or\n- (c) a portion or sample of a trade species animal from which a product may be derived and the chief executive forms the opinion that the product is likely to have in or on it the residue of a chemical in an amount more than the maximum residue limit prescribed for the product; or\n- (d) a portion or sample of any other substance and the chief executive forms the opinion that the ordinary use of the substance is likely to result directly or indirectly in any agricultural produce, manufactured stock food or a product derived from a trade species animal having in or on it the residue of a chemical in an amount more than the maximum residue limit prescribed for the produce, stock food or product;","sortOrder":66},{"sectionNumber":"sec.19","sectionType":"section","heading":"Standards officer may cause notice under section 18 to be complied with","content":"### sec.19 Standards officer may cause notice under section 18 to be complied with\n\nIf a person to whom a notice is given under section 18 fails to comply with any direction contained therein within the time specified therein the standards officer may do or cause to be done anything required by the direction to be done.\nThe expenses incurred by the standards officer acting pursuant to subsection (1) shall be a debt due and owing to the standards officer by the person to whom the notice was given.\nFor the purpose of exercising his or her powers under subsection (1) the standards officer and any person authorised by the standards officer in that behalf may enter any place to which the direction relates together with such vehicles and equipment as the standards officer or other person considers necessary and there do that which is required by the direction to be done.\n(sec.19-ssec.1) If a person to whom a notice is given under section 18 fails to comply with any direction contained therein within the time specified therein the standards officer may do or cause to be done anything required by the direction to be done.\n(sec.19-ssec.2) The expenses incurred by the standards officer acting pursuant to subsection (1) shall be a debt due and owing to the standards officer by the person to whom the notice was given.\n(sec.19-ssec.3) For the purpose of exercising his or her powers under subsection (1) the standards officer and any person authorised by the standards officer in that behalf may enter any place to which the direction relates together with such vehicles and equipment as the standards officer or other person considers necessary and there do that which is required by the direction to be done.","sortOrder":67},{"sectionNumber":"pt.3","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":68},{"sectionNumber":"sec.20","sectionType":"section","heading":"Powers of inspectors","content":"### sec.20 Powers of inspectors\n\nAn inspector may—\nenter any place (using such force as is necessary) in, at or on which the inspector has reasonable grounds for suspecting or believing that—\nany chemical is kept, stored, used, made, manufactured, mixed or prepared for use; or\nthere is or may be any equipment used or intended to be used in connection with the use of a chemical; or\nany chemical has been, is being or will be used; or\nany prescribed substance is kept, stored, used, made, cultivated, grazed, mixed or prepared for sale or sold; or\nenter any place (using such force as is necessary) if the inspector has reasonable grounds for suspecting or believing that his or her entry may assist the inspector to ascertain the cause of any prescribed substance having the residue of a chemical in or on it; or\ninvestigate and inquire into any matter for the purpose of ascertaining whether or not this Act is being complied with; or\nsearch for, inspect and examine any chemical or prescribed substance or any equipment (including an aircraft) used in connection with the preparation, mixing, loading or use of any chemical; or\nopen or break open any package containing or which the inspector believes on reasonable grounds to contain any chemical or prescribed substance; or\nselect, take and remove for analysis any chemical or prescribed substance or portions or samples of any chemical or prescribed substance; or\nseize and detain—\nany prescribed substance that the inspector suspects or believes on reasonable grounds has been dealt with in a manner that is contrary to a direction contained in a notice under section 16 or not in accordance with an approval given under section 17 ; or\nany agricultural produce or manufactured stock food derived from a plant, or product derived from a trade species animal, to which a notice under section 16 or an approval under section 17 relates if the inspector suspects or believes on reasonable grounds the plant or animal has been dealt with in a way that is contrary to a direction in the notice or not in compliance with the approval; or\nany proscribed chemical in the possession of or being used by a person where the inspector suspects or believes on reasonable grounds that such possession or use constitutes an offence against this Act; or\nany chemical or package that the inspector suspects or believes on reasonable grounds is being or has been used, stored, disposed of or otherwise dealt with contrary to this Act; or\nremove any chemical or prescribed substance seized by the inspector or allow all or part of the chemical or substance to remain at the place of seizure and, in that case, may fasten, secure, or seal and label, the chemical or substance or any package containing the chemical or substance or any door, gate or aperture affording access to the chemical, substance or package; or\nweigh, count, measure, gauge, brand, label, mark or otherwise identify any chemical or prescribed substance; or\nrequire a person to produce to the inspector any accounts, books, invoices, records or other documents relating to the sale, storage or use of any chemical or prescribed substance and may retain the same for the purpose of making a copy thereof or taking an extract therefrom and may make the copy or take the extract; or\nrequire a person in possession of any chemical or prescribed substance to state the name and address (if known to the person) of or otherwise identify the person from whom he or she acquired the chemical or substance; or\nin the exercise of the inspector’s powers photograph or make such audio or visual recordings as the inspector considers necessary or desirable; or\nrequire a person found by the inspector committing an offence against this Act or who the inspector has reasonable grounds for believing has committed an offence against this Act or whose name and address are in the inspector’s opinion formed on reasonable grounds required for the purposes of this Act, to state the person’s full name and the address of his or her usual place of business or residence and, if the inspector suspects on reasonable grounds that a name or address so stated is false, may require the person to produce evidence of the correctness thereof; or\nstop, detain and search any vehicle—\nused or that the inspector suspects or believes on reasonable grounds is being or is likely to be used to convey any chemical or prescribed substance or to apply any chemical; or\nin, on or from which the inspector suspects or believes on reasonable grounds any chemical or prescribed substance is sold or prepared for sale, packed, stored, handled, or supplied for sale or use; or\ncall to his or her aid a person who the inspector thinks is competent to assist him or her in the exercise of his or her powers and authorities or the discharge of his or her functions and duties and a person while aiding an inspector shall have the powers and authorities of an inspector; or\nfor the purpose of exercising the inspector’s powers, require the owner or occupier of any place entered by the inspector for the purposes of this Act to provide the inspector with all reasonable assistance; or\nexercise such other powers or authorities and discharge such functions and duties as are prescribed.\nA person shall comply with the requirement of an inspector made under subsection (1) .\nMaximum penalty for subsection (2) —100 penalty units.\nIn this section—\nprescribed substance means any of the following—\nagricultural produce;\nmanufactured stock food;\na trade species animal;\na product derived from a trade species animal;\nfertiliser;\na plant;\na substance used in connection with a thing mentioned in paragraphs (a) to (f) .\ns 20 amd 1994 No. 78 s 37 sch ; 2002 No. 76 ss 17 , 30 sch 1 ; 2014 No. 7 s 523\n(sec.20-ssec.1) An inspector may— enter any place (using such force as is necessary) in, at or on which the inspector has reasonable grounds for suspecting or believing that— any chemical is kept, stored, used, made, manufactured, mixed or prepared for use; or there is or may be any equipment used or intended to be used in connection with the use of a chemical; or any chemical has been, is being or will be used; or any prescribed substance is kept, stored, used, made, cultivated, grazed, mixed or prepared for sale or sold; or enter any place (using such force as is necessary) if the inspector has reasonable grounds for suspecting or believing that his or her entry may assist the inspector to ascertain the cause of any prescribed substance having the residue of a chemical in or on it; or investigate and inquire into any matter for the purpose of ascertaining whether or not this Act is being complied with; or search for, inspect and examine any chemical or prescribed substance or any equipment (including an aircraft) used in connection with the preparation, mixing, loading or use of any chemical; or open or break open any package containing or which the inspector believes on reasonable grounds to contain any chemical or prescribed substance; or select, take and remove for analysis any chemical or prescribed substance or portions or samples of any chemical or prescribed substance; or seize and detain— any prescribed substance that the inspector suspects or believes on reasonable grounds has been dealt with in a manner that is contrary to a direction contained in a notice under section 16 or not in accordance with an approval given under section 17 ; or any agricultural produce or manufactured stock food derived from a plant, or product derived from a trade species animal, to which a notice under section 16 or an approval under section 17 relates if the inspector suspects or believes on reasonable grounds the plant or animal has been dealt with in a way that is contrary to a direction in the notice or not in compliance with the approval; or any proscribed chemical in the possession of or being used by a person where the inspector suspects or believes on reasonable grounds that such possession or use constitutes an offence against this Act; or any chemical or package that the inspector suspects or believes on reasonable grounds is being or has been used, stored, disposed of or otherwise dealt with contrary to this Act; or remove any chemical or prescribed substance seized by the inspector or allow all or part of the chemical or substance to remain at the place of seizure and, in that case, may fasten, secure, or seal and label, the chemical or substance or any package containing the chemical or substance or any door, gate or aperture affording access to the chemical, substance or package; or weigh, count, measure, gauge, brand, label, mark or otherwise identify any chemical or prescribed substance; or require a person to produce to the inspector any accounts, books, invoices, records or other documents relating to the sale, storage or use of any chemical or prescribed substance and may retain the same for the purpose of making a copy thereof or taking an extract therefrom and may make the copy or take the extract; or require a person in possession of any chemical or prescribed substance to state the name and address (if known to the person) of or otherwise identify the person from whom he or she acquired the chemical or substance; or in the exercise of the inspector’s powers photograph or make such audio or visual recordings as the inspector considers necessary or desirable; or require a person found by the inspector committing an offence against this Act or who the inspector has reasonable grounds for believing has committed an offence against this Act or whose name and address are in the inspector’s opinion formed on reasonable grounds required for the purposes of this Act, to state the person’s full name and the address of his or her usual place of business or residence and, if the inspector suspects on reasonable grounds that a name or address so stated is false, may require the person to produce evidence of the correctness thereof; or stop, detain and search any vehicle— used or that the inspector suspects or believes on reasonable grounds is being or is likely to be used to convey any chemical or prescribed substance or to apply any chemical; or in, on or from which the inspector suspects or believes on reasonable grounds any chemical or prescribed substance is sold or prepared for sale, packed, stored, handled, or supplied for sale or use; or call to his or her aid a person who the inspector thinks is competent to assist him or her in the exercise of his or her powers and authorities or the discharge of his or her functions and duties and a person while aiding an inspector shall have the powers and authorities of an inspector; or for the purpose of exercising the inspector’s powers, require the owner or occupier of any place entered by the inspector for the purposes of this Act to provide the inspector with all reasonable assistance; or exercise such other powers or authorities and discharge such functions and duties as are prescribed.\n(sec.20-ssec.2) A person shall comply with the requirement of an inspector made under subsection (1) . Maximum penalty for subsection (2) —100 penalty units.\n(sec.20-ssec.3) In this section— prescribed substance means any of the following— agricultural produce; manufactured stock food; a trade species animal; a product derived from a trade species animal; fertiliser; a plant; a substance used in connection with a thing mentioned in paragraphs (a) to (f) .\n- (a) enter any place (using such force as is necessary) in, at or on which the inspector has reasonable grounds for suspecting or believing that— (i) any chemical is kept, stored, used, made, manufactured, mixed or prepared for use; or (ii) there is or may be any equipment used or intended to be used in connection with the use of a chemical; or (iii) any chemical has been, is being or will be used; or (iv) any prescribed substance is kept, stored, used, made, cultivated, grazed, mixed or prepared for sale or sold; or\n- (i) any chemical is kept, stored, used, made, manufactured, mixed or prepared for use; or\n- (ii) there is or may be any equipment used or intended to be used in connection with the use of a chemical; or\n- (iii) any chemical has been, is being or will be used; or\n- (iv) any prescribed substance is kept, stored, used, made, cultivated, grazed, mixed or prepared for sale or sold; or\n- (b) enter any place (using such force as is necessary) if the inspector has reasonable grounds for suspecting or believing that his or her entry may assist the inspector to ascertain the cause of any prescribed substance having the residue of a chemical in or on it; or\n- (c) investigate and inquire into any matter for the purpose of ascertaining whether or not this Act is being complied with; or\n- (d) search for, inspect and examine any chemical or prescribed substance or any equipment (including an aircraft) used in connection with the preparation, mixing, loading or use of any chemical; or\n- (e) open or break open any package containing or which the inspector believes on reasonable grounds to contain any chemical or prescribed substance; or\n- (f) select, take and remove for analysis any chemical or prescribed substance or portions or samples of any chemical or prescribed substance; or\n- (g) seize and detain— (i) any prescribed substance that the inspector suspects or believes on reasonable grounds has been dealt with in a manner that is contrary to a direction contained in a notice under section 16 or not in accordance with an approval given under section 17 ; or (ii) any agricultural produce or manufactured stock food derived from a plant, or product derived from a trade species animal, to which a notice under section 16 or an approval under section 17 relates if the inspector suspects or believes on reasonable grounds the plant or animal has been dealt with in a way that is contrary to a direction in the notice or not in compliance with the approval; or (iii) any proscribed chemical in the possession of or being used by a person where the inspector suspects or believes on reasonable grounds that such possession or use constitutes an offence against this Act; or (iv) any chemical or package that the inspector suspects or believes on reasonable grounds is being or has been used, stored, disposed of or otherwise dealt with contrary to this Act; or\n- (i) any prescribed substance that the inspector suspects or believes on reasonable grounds has been dealt with in a manner that is contrary to a direction contained in a notice under section 16 or not in accordance with an approval given under section 17 ; or\n- (ii) any agricultural produce or manufactured stock food derived from a plant, or product derived from a trade species animal, to which a notice under section 16 or an approval under section 17 relates if the inspector suspects or believes on reasonable grounds the plant or animal has been dealt with in a way that is contrary to a direction in the notice or not in compliance with the approval; or\n- (iii) any proscribed chemical in the possession of or being used by a person where the inspector suspects or believes on reasonable grounds that such possession or use constitutes an offence against this Act; or\n- (iv) any chemical or package that the inspector suspects or believes on reasonable grounds is being or has been used, stored, disposed of or otherwise dealt with contrary to this Act; or\n- (h) remove any chemical or prescribed substance seized by the inspector or allow all or part of the chemical or substance to remain at the place of seizure and, in that case, may fasten, secure, or seal and label, the chemical or substance or any package containing the chemical or substance or any door, gate or aperture affording access to the chemical, substance or package; or\n- (i) weigh, count, measure, gauge, brand, label, mark or otherwise identify any chemical or prescribed substance; or\n- (j) require a person to produce to the inspector any accounts, books, invoices, records or other documents relating to the sale, storage or use of any chemical or prescribed substance and may retain the same for the purpose of making a copy thereof or taking an extract therefrom and may make the copy or take the extract; or\n- (k) require a person in possession of any chemical or prescribed substance to state the name and address (if known to the person) of or otherwise identify the person from whom he or she acquired the chemical or substance; or\n- (l) in the exercise of the inspector’s powers photograph or make such audio or visual recordings as the inspector considers necessary or desirable; or\n- (m) require a person found by the inspector committing an offence against this Act or who the inspector has reasonable grounds for believing has committed an offence against this Act or whose name and address are in the inspector’s opinion formed on reasonable grounds required for the purposes of this Act, to state the person’s full name and the address of his or her usual place of business or residence and, if the inspector suspects on reasonable grounds that a name or address so stated is false, may require the person to produce evidence of the correctness thereof; or\n- (n) stop, detain and search any vehicle— (i) used or that the inspector suspects or believes on reasonable grounds is being or is likely to be used to convey any chemical or prescribed substance or to apply any chemical; or (ii) in, on or from which the inspector suspects or believes on reasonable grounds any chemical or prescribed substance is sold or prepared for sale, packed, stored, handled, or supplied for sale or use; or\n- (i) used or that the inspector suspects or believes on reasonable grounds is being or is likely to be used to convey any chemical or prescribed substance or to apply any chemical; or\n- (ii) in, on or from which the inspector suspects or believes on reasonable grounds any chemical or prescribed substance is sold or prepared for sale, packed, stored, handled, or supplied for sale or use; or\n- (o) call to his or her aid a person who the inspector thinks is competent to assist him or her in the exercise of his or her powers and authorities or the discharge of his or her functions and duties and a person while aiding an inspector shall have the powers and authorities of an inspector; or\n- (p) for the purpose of exercising the inspector’s powers, require the owner or occupier of any place entered by the inspector for the purposes of this Act to provide the inspector with all reasonable assistance; or\n- (q) exercise such other powers or authorities and discharge such functions and duties as are prescribed.\n- (i) any chemical is kept, stored, used, made, manufactured, mixed or prepared for use; or\n- (ii) there is or may be any equipment used or intended to be used in connection with the use of a chemical; or\n- (iii) any chemical has been, is being or will be used; or\n- (iv) any prescribed substance is kept, stored, used, made, cultivated, grazed, mixed or prepared for sale or sold; or\n- (i) any prescribed substance that the inspector suspects or believes on reasonable grounds has been dealt with in a manner that is contrary to a direction contained in a notice under section 16 or not in accordance with an approval given under section 17 ; or\n- (ii) any agricultural produce or manufactured stock food derived from a plant, or product derived from a trade species animal, to which a notice under section 16 or an approval under section 17 relates if the inspector suspects or believes on reasonable grounds the plant or animal has been dealt with in a way that is contrary to a direction in the notice or not in compliance with the approval; or\n- (iii) any proscribed chemical in the possession of or being used by a person where the inspector suspects or believes on reasonable grounds that such possession or use constitutes an offence against this Act; or\n- (iv) any chemical or package that the inspector suspects or believes on reasonable grounds is being or has been used, stored, disposed of or otherwise dealt with contrary to this Act; or\n- (i) used or that the inspector suspects or believes on reasonable grounds is being or is likely to be used to convey any chemical or prescribed substance or to apply any chemical; or\n- (ii) in, on or from which the inspector suspects or believes on reasonable grounds any chemical or prescribed substance is sold or prepared for sale, packed, stored, handled, or supplied for sale or use; or\n- (a) agricultural produce;\n- (b) manufactured stock food;\n- (c) a trade species animal;\n- (d) a product derived from a trade species animal;\n- (e) fertiliser;\n- (f) a plant;\n- (g) a substance used in connection with a thing mentioned in paragraphs (a) to (f) .","sortOrder":69},{"sectionNumber":"sec.20A","sectionType":"section","heading":"Use of body-worn cameras","content":"### sec.20A Use of body-worn cameras\n\nIt is lawful for an inspector to use a body-worn camera to record images or sounds while the inspector is exercising a power under this Act.\nUse of a body-worn camera by an inspector under subsection (1) includes use that is—\ninadvertent or unexpected; or\nincidental to use while exercising the inspector’s power.\nSubsection (1) does not affect an ability the inspector has at common law or under another Act to record images or sounds.\nTo remove any doubt, it is declared that subsection (1) is a provision authorising the use by an inspector of a listening device, for the purposes of the Invasion of Privacy Act 1971 , section 43 (2) (d) .\nIn this section—\nbody-worn camera means a device—\nworn on clothing or otherwise secured on a person; and\ndesigned to be used to—\nrecord images; or\nrecord images and sounds.\ns 20A ins 2020 No. 3 s 71\n(sec.20A-ssec.1) It is lawful for an inspector to use a body-worn camera to record images or sounds while the inspector is exercising a power under this Act.\n(sec.20A-ssec.2) Use of a body-worn camera by an inspector under subsection (1) includes use that is— inadvertent or unexpected; or incidental to use while exercising the inspector’s power.\n(sec.20A-ssec.3) Subsection (1) does not affect an ability the inspector has at common law or under another Act to record images or sounds.\n(sec.20A-ssec.4) To remove any doubt, it is declared that subsection (1) is a provision authorising the use by an inspector of a listening device, for the purposes of the Invasion of Privacy Act 1971 , section 43 (2) (d) .\n(sec.20A-ssec.5) In this section— body-worn camera means a device— worn on clothing or otherwise secured on a person; and designed to be used to— record images; or record images and sounds.\n- (a) inadvertent or unexpected; or\n- (b) incidental to use while exercising the inspector’s power.\n- (a) worn on clothing or otherwise secured on a person; and\n- (b) designed to be used to— (i) record images; or (ii) record images and sounds.\n- (i) record images; or\n- (ii) record images and sounds.\n- (i) record images; or\n- (ii) record images and sounds.","sortOrder":70},{"sectionNumber":"sec.21","sectionType":"section","heading":"Warrants","content":"### sec.21 Warrants\n\nBefore an inspector enters a part of any premises or other place which part is used exclusively as a dwelling house the inspector shall, save where the inspector has the permission of the occupier of that part to this entry, obtain from a Stipendiary Magistrate a warrant to enter.\nA Stipendiary Magistrate who is satisfied upon the complaint of an inspector that there is reasonable cause to suspect—\nthat in any premises or other place an offence against this Act has been, is being or is likely to be committed; or\nthat there is in any premises or other place any thing in respect of which an offence against this Act has been, is being or is likely to be committed; or\nthat there is in any premises or other place anything that will afford evidence of the commission of an offence against this Act;\nmay issue his or her warrant directed to an inspector to enter the premises or other place named in the warrant for the purpose of exercising therein the powers and authorities conferred upon an inspector by or under this Act.\nA warrant shall be, for the period of 1 month from the date of its issue, sufficient authority for the inspector and all persons acting in aid of the inspector—\nto enter the premises or other place specified in the warrant; and\nto exercise therein the powers and authorities conferred upon an inspector by or under this Act.\nFor the purposes of this section, premises that are used as a dwelling house do not include the curtilage of those premises.\n(sec.21-ssec.1) Before an inspector enters a part of any premises or other place which part is used exclusively as a dwelling house the inspector shall, save where the inspector has the permission of the occupier of that part to this entry, obtain from a Stipendiary Magistrate a warrant to enter.\n(sec.21-ssec.2) A Stipendiary Magistrate who is satisfied upon the complaint of an inspector that there is reasonable cause to suspect— that in any premises or other place an offence against this Act has been, is being or is likely to be committed; or that there is in any premises or other place any thing in respect of which an offence against this Act has been, is being or is likely to be committed; or that there is in any premises or other place anything that will afford evidence of the commission of an offence against this Act; may issue his or her warrant directed to an inspector to enter the premises or other place named in the warrant for the purpose of exercising therein the powers and authorities conferred upon an inspector by or under this Act.\n(sec.21-ssec.3) A warrant shall be, for the period of 1 month from the date of its issue, sufficient authority for the inspector and all persons acting in aid of the inspector— to enter the premises or other place specified in the warrant; and to exercise therein the powers and authorities conferred upon an inspector by or under this Act.\n(sec.21-ssec.4) For the purposes of this section, premises that are used as a dwelling house do not include the curtilage of those premises.\n- (a) that in any premises or other place an offence against this Act has been, is being or is likely to be committed; or\n- (b) that there is in any premises or other place any thing in respect of which an offence against this Act has been, is being or is likely to be committed; or\n- (c) that there is in any premises or other place anything that will afford evidence of the commission of an offence against this Act;\n- (a) to enter the premises or other place specified in the warrant; and\n- (b) to exercise therein the powers and authorities conferred upon an inspector by or under this Act.","sortOrder":71},{"sectionNumber":"sec.21A","sectionType":"section","heading":"Review of particular decisions","content":"### sec.21A Review of particular decisions\n\nThis section applies to the following decisions—\na direction contained in a notice under section 16 ;\na decision of an inspector to refuse an application under section 17 .\nA person who is dissatisfied with the decision may apply, as provided under the QCAT Act , to QCAT for a review of the decision.\nA standards officer or inspector must give a person an information notice for a decision only if this Act so requires.\ns 21A ins 2009 No. 24 s 405\n(sec.21A-ssec.1) This section applies to the following decisions— a direction contained in a notice under section 16 ; a decision of an inspector to refuse an application under section 17 .\n(sec.21A-ssec.2) A person who is dissatisfied with the decision may apply, as provided under the QCAT Act , to QCAT for a review of the decision.\n(sec.21A-ssec.3) A standards officer or inspector must give a person an information notice for a decision only if this Act so requires.\n- (a) a direction contained in a notice under section 16 ;\n- (b) a decision of an inspector to refuse an application under section 17 .","sortOrder":72},{"sectionNumber":"sec.22","sectionType":"section","heading":"Right of appeal to Magistrates Court for decision to seize","content":"### sec.22 Right of appeal to Magistrates Court for decision to seize\n\nThis section applies to a decision of an inspector to seize a thing under section 20 .\nA person who is dissatisfied with the decision may appeal against it.\nThe appeal may be made to the Magistrates Court nearest the place where the appellant resides, is employed or carries on business.\ns 22 sub 1994 No. 78 s 37 sch\namd 2009 No. 24 s 406\n(sec.22-ssec.1) This section applies to a decision of an inspector to seize a thing under section 20 .\n(sec.22-ssec.2) A person who is dissatisfied with the decision may appeal against it.\n(sec.22-ssec.3) The appeal may be made to the Magistrates Court nearest the place where the appellant resides, is employed or carries on business.","sortOrder":73},{"sectionNumber":"sec.22A","sectionType":"section","heading":"How to start appeal","content":"### sec.22A How to start appeal\n\nAn appeal is started by filing a written notice of appeal with the clerk of the court of the Magistrates Court.\nA copy of the notice must be served on the decision maker.\nThe notice of appeal must be filed within 28 days after the appellant receives notice of the decision appealed against.\nHowever, the court may extend the period for filing the notice of appeal at any time.\nThe notice of appeal must state the grounds of the appeal.\ns 22A ins 1994 No. 78 s 37 sch\n(sec.22A-ssec.1) An appeal is started by filing a written notice of appeal with the clerk of the court of the Magistrates Court.\n(sec.22A-ssec.2) A copy of the notice must be served on the decision maker.\n(sec.22A-ssec.3) The notice of appeal must be filed within 28 days after the appellant receives notice of the decision appealed against.\n(sec.22A-ssec.4) However, the court may extend the period for filing the notice of appeal at any time.\n(sec.22A-ssec.5) The notice of appeal must state the grounds of the appeal.","sortOrder":74},{"sectionNumber":"sec.22B","sectionType":"section","heading":"Stay of operation of decisions","content":"### sec.22B Stay of operation of decisions\n\nThe court may grant a stay of a decision appealed against to secure the effectiveness of the appeal.\nA stay—\nmay be granted on conditions the court considers appropriate; and\noperates for the period stated by the court; and\nmay be revoked or amended by the court.\nThe period of a stay stated by the court must not extend past the time when the court decides the appeal.\nAn appeal against a decision affects the decision, or carrying out the decision, only if the decision is stayed.\ns 22B ins 1994 No. 78 s 37 sch\n(sec.22B-ssec.1) The court may grant a stay of a decision appealed against to secure the effectiveness of the appeal.\n(sec.22B-ssec.2) A stay— may be granted on conditions the court considers appropriate; and operates for the period stated by the court; and may be revoked or amended by the court.\n(sec.22B-ssec.3) The period of a stay stated by the court must not extend past the time when the court decides the appeal.\n(sec.22B-ssec.4) An appeal against a decision affects the decision, or carrying out the decision, only if the decision is stayed.\n- (a) may be granted on conditions the court considers appropriate; and\n- (b) operates for the period stated by the court; and\n- (c) may be revoked or amended by the court.","sortOrder":75},{"sectionNumber":"sec.22C","sectionType":"section","heading":"Hearing procedures","content":"### sec.22C Hearing procedures\n\nAn appeal is to be by way of rehearing, unaffected by the decision maker’s decision.\nIn deciding an appeal, the court—\nhas the same powers as the decision maker; and\nis not bound by the rules of evidence; and\nmust observe natural justice; and\nmay hear the appeal in court or chambers.\ns 22C ins 1994 No. 78 s 37 sch\namd 1995 No. 57 s 4 sch 1\n(sec.22C-ssec.1) An appeal is to be by way of rehearing, unaffected by the decision maker’s decision.\n(sec.22C-ssec.2) In deciding an appeal, the court— has the same powers as the decision maker; and is not bound by the rules of evidence; and must observe natural justice; and may hear the appeal in court or chambers.\n- (a) has the same powers as the decision maker; and\n- (b) is not bound by the rules of evidence; and\n- (c) must observe natural justice; and\n- (d) may hear the appeal in court or chambers.","sortOrder":76},{"sectionNumber":"sec.22D","sectionType":"section","heading":"Powers of court on appeal","content":"### sec.22D Powers of court on appeal\n\nIn deciding an appeal, the court may—\nconfirm the decision appealed against; or\nset aside the decision and substitute another decision; or\nset aside the decision and return the issue to the decision maker with directions the court considers appropriate.\nIf the court substitutes another decision, the substituted decision is, for the purposes of this Act, taken to be the decision maker’s decision.\ns 22D ins 1994 No. 78 s 37 sch\n(sec.22D-ssec.1) In deciding an appeal, the court may— confirm the decision appealed against; or set aside the decision and substitute another decision; or set aside the decision and return the issue to the decision maker with directions the court considers appropriate.\n(sec.22D-ssec.2) If the court substitutes another decision, the substituted decision is, for the purposes of this Act, taken to be the decision maker’s decision.\n- (a) confirm the decision appealed against; or\n- (b) set aside the decision and substitute another decision; or\n- (c) set aside the decision and return the issue to the decision maker with directions the court considers appropriate.","sortOrder":77},{"sectionNumber":"sec.22E","sectionType":"section","heading":"Appeal to District Court","content":"### sec.22E Appeal to District Court\n\nA party dissatisfied by the decision of the court may appeal to the District Court, but only on a question of law.\ns 22E ins 1994 No. 78 s 37 sch\namd 1999 No. 19 s 3 sch","sortOrder":78},{"sectionNumber":"sec.23","sectionType":"section","heading":null,"content":"### Section sec.23\n\ns 23 om 1994 No. 78 s 37 sch","sortOrder":79},{"sectionNumber":"sec.24","sectionType":"section","heading":"Production of records","content":"### sec.24 Production of records\n\nAn inspector may ask a person to produce for inspection a record made or kept by the person under this Act.\nThe person must immediately produce the record for inspection by the inspector, unless the person has a reasonable excuse.\nMaximum penalty for subsection (2) —50 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 24 sub 1994 No. 78 s 37 sch\namd 2002 No. 76 ss 17 , 30 sch 1\n(sec.24-ssec.1) An inspector may ask a person to produce for inspection a record made or kept by the person under this Act.\n(sec.24-ssec.2) The person must immediately produce the record for inspection by the inspector, unless the person has a reasonable excuse. Maximum penalty for subsection (2) —50 penalty units.\n(sec.24-ssec.3) The inspector may keep the record to make a copy of it.\n(sec.24-ssec.4) However, the inspector must return the record to the person as soon as practicable after making a copy of it.","sortOrder":80},{"sectionNumber":"sec.25","sectionType":"section","heading":"Obstruction of inspector","content":"### sec.25 Obstruction of inspector\n\nA person shall not—\nobstruct any inspector in the exercise of the inspector’s powers or in the discharge of the inspector’s duties under this Act, or attempt so to do; or\nrefuse to allow to be taken, removed, seized or detained under this Act any chemical, agricultural produce, plant, manufactured stock food, trade species animal, product derived from a trade species animal, fertiliser or other substance, or any portion or sample thereof; or\ntake, retake, remove or otherwise deal with, or attempt to take, retake, remove or otherwise deal with, any chemical, agricultural produce, plant, manufactured stock food, trade species animal, product derived from a trade species animal, fertiliser or other substance, or any portion or sample thereof taken, removed, seized, or detained under this Act.\nMaximum penalty—500 penalty units.\ns 25 amd 1994 No. 78 s 37 sch ; 2002 No. 76 ss 17 , 30 sch 1 ; 2014 No. 7 s 524\n- (a) obstruct any inspector in the exercise of the inspector’s powers or in the discharge of the inspector’s duties under this Act, or attempt so to do; or\n- (b) refuse to allow to be taken, removed, seized or detained under this Act any chemical, agricultural produce, plant, manufactured stock food, trade species animal, product derived from a trade species animal, fertiliser or other substance, or any portion or sample thereof; or\n- (c) take, retake, remove or otherwise deal with, or attempt to take, retake, remove or otherwise deal with, any chemical, agricultural produce, plant, manufactured stock food, trade species animal, product derived from a trade species animal, fertiliser or other substance, or any portion or sample thereof taken, removed, seized, or detained under this Act.","sortOrder":81},{"sectionNumber":"sec.26","sectionType":"section","heading":"Tampering with seals, samples, etc.","content":"### sec.26 Tampering with seals, samples, etc.\n\nA person shall not—\nwithout the permission (the proof whereof shall lie upon the person) of the standards officer or an inspector to do so open, break, alter, remove, or erase any identifying mark or device, label, signature, seal, or fastening placed by an inspector in pursuance of this Act upon any chemical, agricultural produce, plant, manufactured stock food, trade species animal, product derived from a trade species animal, fertiliser or other substance, or upon any package, or portion or sample, or part of a portion or sample, or upon any door, gate or aperture affording access to the same; or\nknowingly or fraudulently tamper with any chemical, agricultural produce, plant, manufactured stock food, trade species animal, product derived from a trade species animal, fertiliser or other substance or package containing the same so as to procure that any portion or sample taken under this Act does not correctly represent the chemical, agricultural produce, plant, manufactured stock food, trade species animal, product derived from a trade species animal, fertiliser or other substance or the contents of the package; or\ntamper with any portion or sample or part of a portion or sample taken under this Act.\nMaximum penalty—100 penalty units.\ns 26 amd 1994 No. 78 s 37 sch ; 2002 No. 76 ss 17 , 30 sch 1 ; 2014 No. 7 s 525\n- (a) without the permission (the proof whereof shall lie upon the person) of the standards officer or an inspector to do so open, break, alter, remove, or erase any identifying mark or device, label, signature, seal, or fastening placed by an inspector in pursuance of this Act upon any chemical, agricultural produce, plant, manufactured stock food, trade species animal, product derived from a trade species animal, fertiliser or other substance, or upon any package, or portion or sample, or part of a portion or sample, or upon any door, gate or aperture affording access to the same; or\n- (b) knowingly or fraudulently tamper with any chemical, agricultural produce, plant, manufactured stock food, trade species animal, product derived from a trade species animal, fertiliser or other substance or package containing the same so as to procure that any portion or sample taken under this Act does not correctly represent the chemical, agricultural produce, plant, manufactured stock food, trade species animal, product derived from a trade species animal, fertiliser or other substance or the contents of the package; or\n- (c) tamper with any portion or sample or part of a portion or sample taken under this Act.","sortOrder":82},{"sectionNumber":"sec.27","sectionType":"section","heading":"Analyst’s report","content":"### sec.27 Analyst’s report\n\nIn any proceedings for an offence against this Act—\na report of the result of an analysis purporting to be under the hand of the standards officer or an analyst shall, upon its production by or on behalf of the complainant, be evidence of the facts stated therein unless the defendant gives notice to the complainant at least 3 days prior to the date set down for the hearing of the proceedings that the defendant requires the person who made the report to be called to give evidence on behalf of the complainant;\na report of the results of an analysis purporting to be under the hand of a person competent to make the analysis shall, upon its production by or on behalf of the defendant, be evidence of the facts stated therein unless the complainant informs the defendant that the complainant requires the person who made the report to be called to give evidence on behalf of the defendant.\nA copy of a report referred to in subsection (1) (b) shall be given to the complainant at least 3 days prior to the date set down for the hearing of the proceedings and if not so given the court may adjourn the hearing on such terms as it thinks fit.\n(sec.27-ssec.1) In any proceedings for an offence against this Act— a report of the result of an analysis purporting to be under the hand of the standards officer or an analyst shall, upon its production by or on behalf of the complainant, be evidence of the facts stated therein unless the defendant gives notice to the complainant at least 3 days prior to the date set down for the hearing of the proceedings that the defendant requires the person who made the report to be called to give evidence on behalf of the complainant; a report of the results of an analysis purporting to be under the hand of a person competent to make the analysis shall, upon its production by or on behalf of the defendant, be evidence of the facts stated therein unless the complainant informs the defendant that the complainant requires the person who made the report to be called to give evidence on behalf of the defendant.\n(sec.27-ssec.2) A copy of a report referred to in subsection (1) (b) shall be given to the complainant at least 3 days prior to the date set down for the hearing of the proceedings and if not so given the court may adjourn the hearing on such terms as it thinks fit.\n- (a) a report of the result of an analysis purporting to be under the hand of the standards officer or an analyst shall, upon its production by or on behalf of the complainant, be evidence of the facts stated therein unless the defendant gives notice to the complainant at least 3 days prior to the date set down for the hearing of the proceedings that the defendant requires the person who made the report to be called to give evidence on behalf of the complainant;\n- (b) a report of the results of an analysis purporting to be under the hand of a person competent to make the analysis shall, upon its production by or on behalf of the defendant, be evidence of the facts stated therein unless the complainant informs the defendant that the complainant requires the person who made the report to be called to give evidence on behalf of the defendant.","sortOrder":83},{"sectionNumber":"sec.28","sectionType":"section","heading":"Prosecutions generally","content":"### sec.28 Prosecutions generally\n\nAn offence against this Act is a summary offence.\nA proceeding for an offence against this Act must start—\nwithin 1 year after the offence is committed; or\nwithin 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\nThe summons in a proceeding in which a report of the result of an analysis is to be used for the complainant is not returnable for at least 7 days after it is served.\nA copy of the report must be served with the summons.\ns 28 sub 1994 No. 78 s 37 sch\namd 1995 No. 57 s 4 sch 1\n(sec.28-ssec.1) An offence against this Act is a summary offence.\n(sec.28-ssec.2) A proceeding for an offence against this Act must start— within 1 year after the offence is committed; or within 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\n(sec.28-ssec.3) The summons in a proceeding in which a report of the result of an analysis is to be used for the complainant is not returnable for at least 7 days after it is served.\n(sec.28-ssec.4) A copy of the report must be served with the summons.\n- (a) within 1 year after the offence is committed; or\n- (b) within 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.","sortOrder":84},{"sectionNumber":"sec.28A","sectionType":"section","heading":"Application of Justices Act 1886, s 76 , not limited","content":"### sec.28A Application of Justices Act 1886, s 76 , not limited\n\nA provision of this Act that expresses something as a defence does not limit the application of the Justices Act 1886 , section 76 .\ns 28A ins 2002 No. 76 s 27","sortOrder":85},{"sectionNumber":"sec.28B","sectionType":"section","heading":"Not an offence to act under direct supervision","content":"### sec.28B Not an offence to act under direct supervision\n\nA provision of this Act defining an offence that is expressed to apply to a person other than a veterinary surgeon does not apply to a person who is acting under the direct supervision of a veterinary surgeon.\ns 28B ins 2002 No. 76 s 27","sortOrder":86},{"sectionNumber":"sec.29","sectionType":"section","heading":"Expenses of analysis to be paid by offenders on conviction","content":"### sec.29 Expenses of analysis to be paid by offenders on conviction\n\nIn proceedings in which a person is convicted of an offence against this Act the court shall on application made by or on behalf of the complainant order that all fees, charges, costs, and other expenses incidental to the analysis of any chemical or other substance whatsoever in respect of which the conviction is obtained shall be paid by the person convicted, and all such fees, charges, costs and other expenses shall be deemed to be part of the costs in the proceedings.","sortOrder":87},{"sectionNumber":"sec.30","sectionType":"section","heading":"Responsibility for acts or omissions of representatives","content":"### sec.30 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 30 sub 1994 No. 78 s 37 sch\n(sec.30-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.30-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.30-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":88},{"sectionNumber":"sec.30A","sectionType":"section","heading":"Liability of executive officer—particular offences committed by corporation","content":"### sec.30A Liability of executive officer—particular offences committed by corporation\n\nAn executive officer of a corporation commits an offence if—\nthe corporation commits an offence against an executive liability provision; 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 the executive liability provision 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 the executive liability provision; and\nwhether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; 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 the executive liability provision.\nThis section does not affect—\nthe liability of the corporation for the offence against the executive liability provision; 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 the executive liability provision.\nIn this section—\nexecutive liability provision means any of the following provisions—\nsection 9\nsection 12 (4)\nsection 12E (4)\nsection 12V (2)\nsection 13 (1)\nsection 13A (1)\nsection 16 (6)\nsection 17 (5)\nsection 18 (2) .\ns 30A ins 1994 No. 78 s 37 sch\nsub 2015 No. 15 s 73\n(sec.30A-ssec.1) An executive officer of a corporation commits an offence if— the corporation commits an offence against an executive liability provision; 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 the executive liability provision by an individual.\n(sec.30A-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 the executive liability provision; and whether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and any other relevant matter.\n(sec.30A-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 the executive liability provision.\n(sec.30A-ssec.4) This section does not affect— the liability of the corporation for the offence against the executive liability provision; 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 the executive liability provision.\n(sec.30A-ssec.5) In this section— executive liability provision means any of the following provisions— section 9 section 12 (4) section 12E (4) section 12V (2) section 13 (1) section 13A (1) section 16 (6) section 17 (5) section 18 (2) .\n- (a) the corporation commits an offence against an executive liability provision; 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 the executive liability provision; and\n- (b) whether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and\n- (c) any other relevant matter.\n- (a) the liability of the corporation for the offence against the executive liability provision; 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 the executive liability provision.\n- • section 9\n- • section 12 (4)\n- • section 12E (4)\n- • section 12V (2)\n- • section 13 (1)\n- • section 13A (1)\n- • section 16 (6)\n- • section 17 (5)\n- • section 18 (2) .","sortOrder":89},{"sectionNumber":"sec.31","sectionType":"section","heading":"Executive officer may be taken to have committed offence","content":"### sec.31 Executive officer may be taken to have committed offence\n\nIf a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if—\nthe officer authorised or permitted the corporation’s conduct constituting the offence; or\nthe officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\nThe executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence.\nThis section does not affect either of the following—\nthe liability of the corporation for the offence against the deemed executive liability provision;\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 the deemed executive liability provision.\nIn this section—\ndeemed executive liability provision means any of the following provisions—\nsection 12I (5)\nsection 13E (1)\nsection 14 (3) .\ns 31 sub 1994 No. 78 s 37 sch ; 2015 No. 15 s 73\n(sec.31-ssec.1) If a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if— the officer authorised or permitted the corporation’s conduct constituting the offence; or the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\n(sec.31-ssec.2) The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence.\n(sec.31-ssec.3) This section does not affect either of the following— the liability of the corporation for the offence against the deemed executive liability provision; 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 the deemed executive liability provision.\n(sec.31-ssec.4) In this section— deemed executive liability provision means any of the following provisions— section 12I (5) section 13E (1) section 14 (3) .\n- (a) the officer authorised or permitted the corporation’s conduct constituting the offence; or\n- (b) the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\n- (a) the liability of the corporation for the offence against the deemed executive liability provision;\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 the deemed executive liability provision.\n- • section 12I (5)\n- • section 13E (1)\n- • section 14 (3) .","sortOrder":90},{"sectionNumber":"sec.32","sectionType":"section","heading":"Returning seized thing","content":"### sec.32 Returning seized thing\n\nThis section applies if an inspector has seized a thing under section 20 (1) (g) .\nIf the thing was seized as evidence, the chief executive must return the thing to its owner if the chief executive is satisfied—\nit is no longer necessary to keep the thing as evidence; and\nit is no longer necessary to keep the thing to prevent the thing from being possessed or used to commit the offence for which the thing was seized; and\nit is lawful for the owner to possess the thing.\nSubject to subsection (2) , the chief executive must return the thing to its owner unless the chief executive is satisfied there are reasonable grounds to keep the thing.\nWithout limiting subsection (3) , there are reasonable grounds to keep the thing if—\nit is unlawful for the owner to possess the thing; or\nthe thing is likely to be dealt with in contravention of a notice given under section 16 , if it is returned to the owner; or\nthe thing is likely to be dealt with contrary to an approval given under section 17 , if it is returned to the owner; or\nthe thing is likely to be used, stored, disposed of or otherwise dealt with contrary to this Act; or\nthe thing is needed, or may be needed, for—\na proceeding for an offence against this Act that is likely to be started or that has been started but not completed; or\nan appeal from a decision in a proceeding for an offence against this Act.\nNothing in this section affects a lien or other security over the seized thing.\ns 32 sub 2024 No. 17 s 121\n(sec.32-ssec.1) This section applies if an inspector has seized a thing under section 20 (1) (g) .\n(sec.32-ssec.2) If the thing was seized as evidence, the chief executive must return the thing to its owner if the chief executive is satisfied— it is no longer necessary to keep the thing as evidence; and it is no longer necessary to keep the thing to prevent the thing from being possessed or used to commit the offence for which the thing was seized; and it is lawful for the owner to possess the thing.\n(sec.32-ssec.3) Subject to subsection (2) , the chief executive must return the thing to its owner unless the chief executive is satisfied there are reasonable grounds to keep the thing.\n(sec.32-ssec.4) Without limiting subsection (3) , there are reasonable grounds to keep the thing if— it is unlawful for the owner to possess the thing; or the thing is likely to be dealt with in contravention of a notice given under section 16 , if it is returned to the owner; or the thing is likely to be dealt with contrary to an approval given under section 17 , if it is returned to the owner; or the thing is likely to be used, stored, disposed of or otherwise dealt with contrary to this Act; or the thing is needed, or may be needed, for— a proceeding for an offence against this Act that is likely to be started or that has been started but not completed; or an appeal from a decision in a proceeding for an offence against this Act.\n(sec.32-ssec.5) Nothing in this section affects a lien or other security over the seized thing.\n- (a) it is no longer necessary to keep the thing as evidence; and\n- (b) it is no longer necessary to keep the thing to prevent the thing from being possessed or used to commit the offence for which the thing was seized; and\n- (c) it is lawful for the owner to possess the thing.\n- (a) it is unlawful for the owner to possess the thing; or\n- (b) the thing is likely to be dealt with in contravention of a notice given under section 16 , if it is returned to the owner; or\n- (c) the thing is likely to be dealt with contrary to an approval given under section 17 , if it is returned to the owner; or\n- (d) the thing is likely to be used, stored, disposed of or otherwise dealt with contrary to this Act; or\n- (e) the thing is needed, or may be needed, for— (i) a proceeding for an offence against this Act that is likely to be started or that has been started but not completed; or (ii) an appeal from a decision in a proceeding for an offence against this Act.\n- (i) a proceeding for an offence against this Act that is likely to be started or that has been started but not completed; or\n- (ii) an appeal from a decision in a proceeding for an offence against this Act.\n- (i) a proceeding for an offence against this Act that is likely to be started or that has been started but not completed; or\n- (ii) an appeal from a decision in a proceeding for an offence against this Act.","sortOrder":91},{"sectionNumber":"sec.32A","sectionType":"section","heading":"Forfeiture of seized thing to State","content":"### sec.32A Forfeiture of seized thing to State\n\nThis section applies if—\nan inspector has seized a thing under section 20 (1) (g) ; and\neither of the following applies—\nno appeal against the decision to seize the thing has been made under section 22 ;\nan appeal against the decision to seize the thing under section 22 has been withdrawn or dismissed; and\nthe thing has not been returned to its owner under section 32 .\nThe chief executive may decide a seized thing is forfeited to the State if an inspector—\nafter making reasonable inquiries—can not find the owner of the thing; or\nafter making reasonable efforts—can not return the thing to its owner; or\nreasonably believes it is necessary to keep the thing—\nto prevent it being used, stored, disposed of or otherwise dealt with contrary to this Act; or\nto prevent it from being used to commit the offence for which it was seized.\nHowever, the inspector is not required to—\nmake inquiries if it would be unreasonable to make inquiries to find an owner; or\nmake efforts if it would be unreasonable to make efforts to return the thing to an owner.\nthe owner of the thing has migrated to another country\nThe inspector must consider the thing’s condition, nature and value when deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.\nIf the chief executive decides the seized thing is forfeited to the State, the chief executive must give an information notice for the decision to a person (the former owner ) who owned the thing immediately before the thing was forfeited.\nIf the decision was made under subsection (2) (a) or (b) , the decision notice may be given by leaving the notice at the place where the thing was seized, in a conspicuous position and in a reasonably secure way.\nThe decision notice must state that the former owner may apply for a stay of the decision if the former owner appeals against the decision.\nHowever, subsections (5) to (7) do not apply if—\nthe decision was made under subsection (2) (a) or (b) ; and\nthe place where the thing was seized is—\na public place; or\na place where the notice is unlikely to be read by the former owner.\ns 32A ins 2024 No. 17 s 121\n(sec.32A-ssec.1) This section applies if— an inspector has seized a thing under section 20 (1) (g) ; and either of the following applies— no appeal against the decision to seize the thing has been made under section 22 ; an appeal against the decision to seize the thing under section 22 has been withdrawn or dismissed; and the thing has not been returned to its owner under section 32 .\n(sec.32A-ssec.2) The chief executive may decide a seized thing is forfeited to the State if an inspector— after making reasonable inquiries—can not find the owner of the thing; or after making reasonable efforts—can not return the thing to its owner; or reasonably believes it is necessary to keep the thing— to prevent it being used, stored, disposed of or otherwise dealt with contrary to this Act; or to prevent it from being used to commit the offence for which it was seized.\n(sec.32A-ssec.3) However, the inspector is not required to— make inquiries if it would be unreasonable to make inquiries to find an owner; or make efforts if it would be unreasonable to make efforts to return the thing to an owner. the owner of the thing has migrated to another country\n(sec.32A-ssec.4) The inspector must consider the thing’s condition, nature and value when deciding— whether it is reasonable to make inquiries or efforts; and if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.\n(sec.32A-ssec.5) If the chief executive decides the seized thing is forfeited to the State, the chief executive must give an information notice for the decision to a person (the former owner ) who owned the thing immediately before the thing was forfeited.\n(sec.32A-ssec.6) If the decision was made under subsection (2) (a) or (b) , the decision notice may be given by leaving the notice at the place where the thing was seized, in a conspicuous position and in a reasonably secure way.\n(sec.32A-ssec.7) The decision notice must state that the former owner may apply for a stay of the decision if the former owner appeals against the decision.\n(sec.32A-ssec.8) However, subsections (5) to (7) do not apply if— the decision was made under subsection (2) (a) or (b) ; and the place where the thing was seized is— a public place; or a place where the notice is unlikely to be read by the former owner.\n- (a) an inspector has seized a thing under section 20 (1) (g) ; and\n- (b) either of the following applies— (i) no appeal against the decision to seize the thing has been made under section 22 ; (ii) an appeal against the decision to seize the thing under section 22 has been withdrawn or dismissed; and\n- (i) no appeal against the decision to seize the thing has been made under section 22 ;\n- (ii) an appeal against the decision to seize the thing under section 22 has been withdrawn or dismissed; and\n- (c) the thing has not been returned to its owner under section 32 .\n- (i) no appeal against the decision to seize the thing has been made under section 22 ;\n- (ii) an appeal against the decision to seize the thing under section 22 has been withdrawn or dismissed; and\n- (a) after making reasonable inquiries—can not find the owner of the thing; or\n- (b) after making reasonable efforts—can not return the thing to its owner; or\n- (c) reasonably believes it is necessary to keep the thing— (i) to prevent it being used, stored, disposed of or otherwise dealt with contrary to this Act; or (ii) to prevent it from being used to commit the offence for which it was seized.\n- (i) to prevent it being used, stored, disposed of or otherwise dealt with contrary to this Act; or\n- (ii) to prevent it from being used to commit the offence for which it was seized.\n- (i) to prevent it being used, stored, disposed of or otherwise dealt with contrary to this Act; or\n- (ii) to prevent it from being used to commit the offence for which it was seized.\n- (a) make inquiries if it would be unreasonable to make inquiries to find an owner; or\n- (b) make efforts if it would be unreasonable to make efforts to return the thing to an owner. Example for paragraph (b) — the owner of the thing has migrated to another country\n- (a) whether it is reasonable to make inquiries or efforts; and\n- (b) if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.\n- (a) the decision was made under subsection (2) (a) or (b) ; and\n- (b) the place where the thing was seized is— (i) a public place; or (ii) a place where the notice is unlikely to be read by the former owner.\n- (i) a public place; or\n- (ii) a place where the notice is unlikely to be read by the former owner.\n- (i) a public place; or\n- (ii) a place where the notice is unlikely to be read by the former owner.","sortOrder":92},{"sectionNumber":"sec.32B","sectionType":"section","heading":"Dealing with things forfeited or transferred to State","content":"### sec.32B Dealing with things forfeited or transferred to State\n\nA thing becomes the property of the State if—\nthe thing is forfeited to the State under section 32A (2) ; or\nthe owner of the thing and the State agree, in writing, to the transfer of the ownership of the thing to the State.\nThe chief executive may deal with the thing as the chief executive considers appropriate (for example, by destroying the thing or giving it away).\nHowever, the chief executive must not deal with the thing in a way that could prejudice the outcome of an appeal against the seizure of the thing.\nIf the chief executive sells the thing, the chief executive may, after deducting the costs of the sale, return the proceeds of the sale to the owner of the thing.\ns 32B ins 2024 No. 17 s 121\n(sec.32B-ssec.1) A thing becomes the property of the State if— the thing is forfeited to the State under section 32A (2) ; or the owner of the thing and the State agree, in writing, to the transfer of the ownership of the thing to the State.\n(sec.32B-ssec.2) The chief executive may deal with the thing as the chief executive considers appropriate (for example, by destroying the thing or giving it away).\n(sec.32B-ssec.3) However, the chief executive must not deal with the thing in a way that could prejudice the outcome of an appeal against the seizure of the thing.\n(sec.32B-ssec.4) If the chief executive sells the thing, the chief executive may, after deducting the costs of the sale, return the proceeds of the sale to the owner of the thing.\n- (a) the thing is forfeited to the State under section 32A (2) ; or\n- (b) the owner of the thing and the State agree, in writing, to the transfer of the ownership of the thing to the State.","sortOrder":93},{"sectionNumber":"sec.32C","sectionType":"section","heading":"Right of appeal to Magistrates Court for decision to forfeit","content":"### sec.32C Right of appeal to Magistrates Court for decision to forfeit\n\nThis section applies in relation to a decision by the chief executive to forfeit a thing to the State under section 32A (2) .\nA person who is dissatisfied with the decision may appeal to a Magistrates Court against the decision.\nEach of sections 22A , 22B , 22C , 22D and 22E apply in relation to the appeal as if—\na reference in the section to an appeal were a reference to an appeal under subsection (2) ; and\na reference in the section to the appellant were a reference to the person appealing under subsection (2) ; and\na reference in the section to the decision appealed against were a reference to the decision under section 32A (2) ; and\na reference in the section to the decision maker were a reference to the chief executive.\ns 32C ins 2024 No. 17 s 121\n(sec.32C-ssec.1) This section applies in relation to a decision by the chief executive to forfeit a thing to the State under section 32A (2) .\n(sec.32C-ssec.2) A person who is dissatisfied with the decision may appeal to a Magistrates Court against the decision.\n(sec.32C-ssec.3) Each of sections 22A , 22B , 22C , 22D and 22E apply in relation to the appeal as if— a reference in the section to an appeal were a reference to an appeal under subsection (2) ; and a reference in the section to the appellant were a reference to the person appealing under subsection (2) ; and a reference in the section to the decision appealed against were a reference to the decision under section 32A (2) ; and a reference in the section to the decision maker were a reference to the chief executive.\n- (a) a reference in the section to an appeal were a reference to an appeal under subsection (2) ; and\n- (b) a reference in the section to the appellant were a reference to the person appealing under subsection (2) ; and\n- (c) a reference in the section to the decision appealed against were a reference to the decision under section 32A (2) ; and\n- (d) a reference in the section to the decision maker were a reference to the chief executive.","sortOrder":94},{"sectionNumber":"sec.33","sectionType":"section","heading":"Supervision by inspector","content":"### sec.33 Supervision by inspector\n\nA direction given under this Act that requires or allows anything to be done by a person may require that the thing be done under the supervision of an inspector.","sortOrder":95},{"sectionNumber":"sec.34","sectionType":"section","heading":"Evidence, etc.","content":"### sec.34 Evidence, etc.\n\nIn any proceedings under or for a purpose of this Act—\nthe appointment of a person to an office and the authority of an officer to do any act or give any direction shall be presumed in the absence of evidence to the contrary; or\na certificate purporting to be signed by the standards officer and stating any of the following matters is evidence of the matter—\non a stated day, or during a stated period, a chemical product mentioned in the certificate was or was not a registered chemical product;\non a stated day, or during a stated period, a chemical mentioned in the certificate was a controlled or unregistered chemical;\non a stated day, or during a stated period, a label mentioned in the certificate was or was not an approved label for containers for a chemical product;\non a stated day, or during a stated period, a permit mentioned in the certificate was or was not in force;\na statement mentioned in the certificate is identical to an instruction that appeared on an approved label mentioned in the certificate on a stated day, or during a stated period;\na notice mentioned in the certificate was given under this Act at a stated time to a stated person; or\na document purporting to be a copy of a notice given under this Act shall be evidence of the matters contained in the original of which it purports to be a copy; or\na document purporting to be a copy or extract of any account, book, invoice, record or other document relating to the sale or use of any chemical, agricultural produce, manufactured stock food, plant, trade species animal, product derived from a trade species animal, fertiliser or other substance shall be evidence of the matters contained in the original of which it purports to be a copy or extract; or\nany photograph, film or audio or visual recording purporting to record any things, words or actions in respect of the sale or use of any chemical, agricultural produce, manufactured stock food, plant, trade species animal, product derived from a trade species animal, fertiliser or other substance shall be evidence of the matters recorded; or\nthe allegation or averment in any complaint that—\nany chemical was used by or was in possession of a specified person; or\nany substance is a chemical;\nshall be evidence of the matter alleged or averred; or\nproof that a person has caused an advertisement to be inserted in a newspaper circulating in the State or in a circular, catalogue, leaflet, pamphlet or other document published or distributed in the State which advertisement contains any direction, claim or recommendation in respect of a chemical shall be evidence that the person caused the direction to be given or the claim or recommendation to be made; or\na direction, recommendation or claim in respect of the use of a chemical appearing on a label affixed to or inserted in a package containing a chemical shall be taken to have been given or made by the person who affixed the label to or inserted it in the package or who caused it to be so affixed or inserted; or\na certificate purporting to be signed by the standards officer that any costs, charges, or expenses of an amount stated have been incurred by the standards officer or an inspector under and for the purposes of this Act or are due for supervision by an inspector, shall be evidence that the costs, charges, or expenses were duly incurred or are so due and that the amount thereof so stated is the correct amount; or\nevidence that agricultural produce, manufactured stock food, the tissue of a trade species animal or a product derived from a trade species animal (each a relevant thing ), or a portion or sample of the relevant thing, has in or on it the residue of a registered chemical product in an amount more than the maximum residue limit prescribed for the relevant thing is evidence that the chemical product was used in a way that is not in accordance with the instructions on the approved label for containers for the chemical product.\ns 34 amd 1994 No. 78 s 37 sch ; 2002 No. 76 s 28 ; 2014 No. 7 s 526\n- (a) the appointment of a person to an office and the authority of an officer to do any act or give any direction shall be presumed in the absence of evidence to the contrary; or\n- (b) a certificate purporting to be signed by the standards officer and stating any of the following matters is evidence of the matter— (i) on a stated day, or during a stated period, a chemical product mentioned in the certificate was or was not a registered chemical product; (ii) on a stated day, or during a stated period, a chemical mentioned in the certificate was a controlled or unregistered chemical; (iii) on a stated day, or during a stated period, a label mentioned in the certificate was or was not an approved label for containers for a chemical product; (iv) on a stated day, or during a stated period, a permit mentioned in the certificate was or was not in force; (v) a statement mentioned in the certificate is identical to an instruction that appeared on an approved label mentioned in the certificate on a stated day, or during a stated period; (vi) a notice mentioned in the certificate was given under this Act at a stated time to a stated person; or\n- (i) on a stated day, or during a stated period, a chemical product mentioned in the certificate was or was not a registered chemical product;\n- (ii) on a stated day, or during a stated period, a chemical mentioned in the certificate was a controlled or unregistered chemical;\n- (iii) on a stated day, or during a stated period, a label mentioned in the certificate was or was not an approved label for containers for a chemical product;\n- (iv) on a stated day, or during a stated period, a permit mentioned in the certificate was or was not in force;\n- (v) a statement mentioned in the certificate is identical to an instruction that appeared on an approved label mentioned in the certificate on a stated day, or during a stated period;\n- (vi) a notice mentioned in the certificate was given under this Act at a stated time to a stated person; or\n- (c) a document purporting to be a copy of a notice given under this Act shall be evidence of the matters contained in the original of which it purports to be a copy; or\n- (d) a document purporting to be a copy or extract of any account, book, invoice, record or other document relating to the sale or use of any chemical, agricultural produce, manufactured stock food, plant, trade species animal, product derived from a trade species animal, fertiliser or other substance shall be evidence of the matters contained in the original of which it purports to be a copy or extract; or\n- (e) any photograph, film or audio or visual recording purporting to record any things, words or actions in respect of the sale or use of any chemical, agricultural produce, manufactured stock food, plant, trade species animal, product derived from a trade species animal, fertiliser or other substance shall be evidence of the matters recorded; or\n- (f) the allegation or averment in any complaint that— (i) any chemical was used by or was in possession of a specified person; or (ii) any substance is a chemical; shall be evidence of the matter alleged or averred; or\n- (i) any chemical was used by or was in possession of a specified person; or\n- (ii) any substance is a chemical;\n- (g) proof that a person has caused an advertisement to be inserted in a newspaper circulating in the State or in a circular, catalogue, leaflet, pamphlet or other document published or distributed in the State which advertisement contains any direction, claim or recommendation in respect of a chemical shall be evidence that the person caused the direction to be given or the claim or recommendation to be made; or\n- (h) a direction, recommendation or claim in respect of the use of a chemical appearing on a label affixed to or inserted in a package containing a chemical shall be taken to have been given or made by the person who affixed the label to or inserted it in the package or who caused it to be so affixed or inserted; or\n- (i) a certificate purporting to be signed by the standards officer that any costs, charges, or expenses of an amount stated have been incurred by the standards officer or an inspector under and for the purposes of this Act or are due for supervision by an inspector, shall be evidence that the costs, charges, or expenses were duly incurred or are so due and that the amount thereof so stated is the correct amount; or\n- (j) evidence that agricultural produce, manufactured stock food, the tissue of a trade species animal or a product derived from a trade species animal (each a relevant thing ), or a portion or sample of the relevant thing, has in or on it the residue of a registered chemical product in an amount more than the maximum residue limit prescribed for the relevant thing is evidence that the chemical product was used in a way that is not in accordance with the instructions on the approved label for containers for the chemical product.\n- (i) on a stated day, or during a stated period, a chemical product mentioned in the certificate was or was not a registered chemical product;\n- (ii) on a stated day, or during a stated period, a chemical mentioned in the certificate was a controlled or unregistered chemical;\n- (iii) on a stated day, or during a stated period, a label mentioned in the certificate was or was not an approved label for containers for a chemical product;\n- (iv) on a stated day, or during a stated period, a permit mentioned in the certificate was or was not in force;\n- (v) a statement mentioned in the certificate is identical to an instruction that appeared on an approved label mentioned in the certificate on a stated day, or during a stated period;\n- (vi) a notice mentioned in the certificate was given under this Act at a stated time to a stated person; or\n- (i) any chemical was used by or was in possession of a specified person; or\n- (ii) any substance is a chemical;","sortOrder":96},{"sectionNumber":"sec.35","sectionType":"section","heading":"Confidentiality of information","content":"### sec.35 Confidentiality of information\n\nThis section applies to a person who—\nis, or has been, any of the following—\nthe chief executive;\nan inspector;\nan analyst;\na standards officer;\na deputy standards officer;\nanother person involved in administering this Act, including, for example, a public service employee; and\nobtains confidential information about another person in administering, or performing functions or exercising powers under, this Act.\nThe person must not use or disclose the confidential information unless the use or disclosure is—\nin the performance of a function or exercise of a power under this Act; or\nwith the consent of the person to whom the information relates; or\notherwise required or permitted by law.\nMaximum penalty—50 penalty units.\nIn this section—\nconfidential information —\nmeans any information that—\ncould identify an individual; or\nis about a person’s current financial position or financial background; or\nwould be likely to damage the commercial activities of a person to whom the information relates; but\ndoes not include—\ninformation that is publicly available; or\nstatistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.\ns 35 prev s 35 amd 1994 No. 78 s 37 sch\nom 2002 No. 76 s 29\npres s 35 ins 2020 No. 3 s 72\n(sec.35-ssec.1) This section applies to a person who— is, or has been, any of the following— the chief executive; an inspector; an analyst; a standards officer; a deputy standards officer; another person involved in administering this Act, including, for example, a public service employee; and obtains confidential information about another person in administering, or performing functions or exercising powers under, this Act.\n(sec.35-ssec.2) The person must not use or disclose the confidential information unless the use or disclosure is— in the performance of a function or exercise of a power under this Act; or with the consent of the person to whom the information relates; or otherwise required or permitted by law. Maximum penalty—50 penalty units.\n(sec.35-ssec.3) In this section— confidential information — means any information that— could identify an individual; or is about a person’s current financial position or financial background; or would be likely to damage the commercial activities of a person to whom the information relates; but does not include— information that is publicly available; or statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.\n- (a) is, or has been, any of the following— (i) the chief executive; (ii) an inspector; (iii) an analyst; (iv) a standards officer; (v) a deputy standards officer; (vi) another person involved in administering this Act, including, for example, a public service employee; and\n- (i) the chief executive;\n- (ii) an inspector;\n- (iii) an analyst;\n- (iv) a standards officer;\n- (v) a deputy standards officer;\n- (vi) another person involved in administering this Act, including, for example, a public service employee; and\n- (b) obtains confidential information about another person in administering, or performing functions or exercising powers under, this Act.\n- (i) the chief executive;\n- (ii) an inspector;\n- (iii) an analyst;\n- (iv) a standards officer;\n- (v) a deputy standards officer;\n- (vi) another person involved in administering this Act, including, for example, a public service employee; and\n- (a) in the performance of a function or exercise of a power under this Act; or\n- (b) with the consent of the person to whom the information relates; or\n- (c) otherwise required or permitted by law.\n- (a) means any information that— (i) could identify an individual; or (ii) is about a person’s current financial position or financial background; or (iii) would be likely to damage the commercial activities of a person to whom the information relates; but\n- (i) could identify an individual; or\n- (ii) is about a person’s current financial position or financial background; or\n- (iii) would be likely to damage the commercial activities of a person to whom the information relates; but\n- (b) does not include— (i) information that is publicly available; or (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.\n- (i) information that is publicly available; or\n- (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.\n- (i) could identify an individual; or\n- (ii) is about a person’s current financial position or financial background; or\n- (iii) would be likely to damage the commercial activities of a person to whom the information relates; but\n- (i) information that is publicly available; or\n- (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.","sortOrder":97},{"sectionNumber":"sec.36","sectionType":"section","heading":"Exchange of information with prescribed government entity","content":"### sec.36 Exchange of information with prescribed government entity\n\nThe chief executive may enter into an arrangement (an information-sharing arrangement ) with a prescribed government entity for the purpose of sharing or exchanging information—\nheld by the chief executive or the prescribed government entity; or\nto which the chief executive or the prescribed government entity has access.\nAn information-sharing arrangement may relate only to information that helps—\nthe chief executive or an inspector perform functions under this Act; or\nthe prescribed government entity, or a person employed or engaged by the entity, perform functions under a law of the State, another State or the Commonwealth.\nUnder an information-sharing arrangement, the chief executive and the prescribed government entity are, despite another Act or law, authorised to—\nask for and receive information held by the other party to the arrangement or to which the other party has access; and\ndisclose information to the other party.\nHowever, the information may be used by the chief executive or the prescribed government entity only for the purpose for which it was given under the arrangement.\nIn this section—\nprescribed government entity means—\nthe chief executive of a department; or\nan entity of, or representing, the Commonwealth or another State.\ns 36 prev s 36 om 1994 No. 78 s 37 sch\npres s 36 ins 2020 No. 3 s 72\n(sec.36-ssec.1) The chief executive may enter into an arrangement (an information-sharing arrangement ) with a prescribed government entity for the purpose of sharing or exchanging information— held by the chief executive or the prescribed government entity; or to which the chief executive or the prescribed government entity has access.\n(sec.36-ssec.2) An information-sharing arrangement may relate only to information that helps— the chief executive or an inspector perform functions under this Act; or the prescribed government entity, or a person employed or engaged by the entity, perform functions under a law of the State, another State or the Commonwealth.\n(sec.36-ssec.3) Under an information-sharing arrangement, the chief executive and the prescribed government entity are, despite another Act or law, authorised to— ask for and receive information held by the other party to the arrangement or to which the other party has access; and disclose information to the other party.\n(sec.36-ssec.4) However, the information may be used by the chief executive or the prescribed government entity only for the purpose for which it was given under the arrangement.\n(sec.36-ssec.5) In this section— prescribed government entity means— the chief executive of a department; or an entity of, or representing, the Commonwealth or another State.\n- (a) held by the chief executive or the prescribed government entity; or\n- (b) to which the chief executive or the prescribed government entity has access.\n- (a) the chief executive or an inspector perform functions under this Act; or\n- (b) the prescribed government entity, or a person employed or engaged by the entity, perform functions under a law of the State, another State or the Commonwealth.\n- (a) ask for and receive information held by the other party to the arrangement or to which the other party has access; and\n- (b) disclose information to the other party.\n- (a) the chief executive of a department; or\n- (b) an entity of, or representing, the Commonwealth or another State.","sortOrder":98},{"sectionNumber":"sec.37","sectionType":"section","heading":null,"content":"### Section sec.37\n\ns 37 om 1994 No. 78 s 37 sch","sortOrder":99},{"sectionNumber":"sec.38","sectionType":"section","heading":"Regulation-making power","content":"### sec.38 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may be made about the following—\nregulating the use, storage and possession of chemicals generally or having regard to—\ntheir location; or\nthe time of year; or\nmeteorological conditions; or\nthe equipment or method to be used to apply the chemicals; or\nthe quantity of the chemicals to be used, stored or possessed; or\nthe qualifications had by the person using, storing or having possession of the chemicals;\nprescribing maximum residue limits for agricultural produce, manufactured stock food, the tissue of a trade species animal or a product derived from a trade species animal;\nregulating the use, storage and possession of agricultural produce, manufactured stock food and products derived from trade species animals that contain the residue of a chemical in an amount more than the maximum residue limit prescribed for the produce, stock food or product;\nthe taking and dealing with of samples, the quantity or weight of samples and the marking or labelling of samples;\nthe analysis of samples;\nthe records to be made and kept for the purposes of this Act and the persons by whom they are to be made and kept;\nprescribing matters and things in respect whereof fees, charges and expenses shall be payable, the amounts of such fees, charges or expenses, the persons liable to pay the same and time at which they become payable and providing for the manner of payment and the manner of recovering an amount not paid;\nprescribing forms to be used for the purposes of this Act, the purposes for which they are to be used and the persons by whom they are to be completed;\nproviding for offences against the regulations and prescribing the amount of any penalty (not exceeding 40 penalty units) for an offence;\nprescribing all matters and things that are required or permitted to be prescribed by this Act.\ns 38 amd 1993 No. 32 s 3 sch 1 ; 1994 No. 78 s 37 sch ; 1996 No. 25 s 28 sch 1 ; 2014 No. 7 s 527\n(sec.38-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.38-ssec.2) A regulation may be made about the following— regulating the use, storage and possession of chemicals generally or having regard to— their location; or the time of year; or meteorological conditions; or the equipment or method to be used to apply the chemicals; or the quantity of the chemicals to be used, stored or possessed; or the qualifications had by the person using, storing or having possession of the chemicals; prescribing maximum residue limits for agricultural produce, manufactured stock food, the tissue of a trade species animal or a product derived from a trade species animal; regulating the use, storage and possession of agricultural produce, manufactured stock food and products derived from trade species animals that contain the residue of a chemical in an amount more than the maximum residue limit prescribed for the produce, stock food or product; the taking and dealing with of samples, the quantity or weight of samples and the marking or labelling of samples; the analysis of samples; the records to be made and kept for the purposes of this Act and the persons by whom they are to be made and kept; prescribing matters and things in respect whereof fees, charges and expenses shall be payable, the amounts of such fees, charges or expenses, the persons liable to pay the same and time at which they become payable and providing for the manner of payment and the manner of recovering an amount not paid; prescribing forms to be used for the purposes of this Act, the purposes for which they are to be used and the persons by whom they are to be completed; providing for offences against the regulations and prescribing the amount of any penalty (not exceeding 40 penalty units) for an offence; prescribing all matters and things that are required or permitted to be prescribed by this Act.\n- (a) regulating the use, storage and possession of chemicals generally or having regard to— (i) their location; or (ii) the time of year; or (iii) meteorological conditions; or (iv) the equipment or method to be used to apply the chemicals; or (v) the quantity of the chemicals to be used, stored or possessed; or (vi) the qualifications had by the person using, storing or having possession of the chemicals;\n- (i) their location; or\n- (ii) the time of year; or\n- (iii) meteorological conditions; or\n- (iv) the equipment or method to be used to apply the chemicals; or\n- (v) the quantity of the chemicals to be used, stored or possessed; or\n- (vi) the qualifications had by the person using, storing or having possession of the chemicals;\n- (b) prescribing maximum residue limits for agricultural produce, manufactured stock food, the tissue of a trade species animal or a product derived from a trade species animal;\n- (c) regulating the use, storage and possession of agricultural produce, manufactured stock food and products derived from trade species animals that contain the residue of a chemical in an amount more than the maximum residue limit prescribed for the produce, stock food or product;\n- (d) the taking and dealing with of samples, the quantity or weight of samples and the marking or labelling of samples;\n- (e) the analysis of samples;\n- (f) the records to be made and kept for the purposes of this Act and the persons by whom they are to be made and kept;\n- (g) prescribing matters and things in respect whereof fees, charges and expenses shall be payable, the amounts of such fees, charges or expenses, the persons liable to pay the same and time at which they become payable and providing for the manner of payment and the manner of recovering an amount not paid;\n- (h) prescribing forms to be used for the purposes of this Act, the purposes for which they are to be used and the persons by whom they are to be completed;\n- (i) providing for offences against the regulations and prescribing the amount of any penalty (not exceeding 40 penalty units) for an offence;\n- (j) prescribing all matters and things that are required or permitted to be prescribed by this Act.\n- (i) their location; or\n- (ii) the time of year; or\n- (iii) meteorological conditions; or\n- (iv) the equipment or method to be used to apply the chemicals; or\n- (v) the quantity of the chemicals to be used, stored or possessed; or\n- (vi) the qualifications had by the person using, storing or having possession of the chemicals;","sortOrder":100},{"sectionNumber":"pt.4","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":101},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Transitional provision for Agricultural and Veterinary Chemicals Legislation Amendment Act 2002","content":"## Transitional provision for Agricultural and Veterinary Chemicals Legislation Amendment Act 2002","sortOrder":102},{"sectionNumber":"sec.39","sectionType":"section","heading":"Exemptions revoked","content":"### sec.39 Exemptions revoked\n\nAn exemption under repealed section 35 that was in force immediately before the commencement of the Agricultural and Veterinary Chemicals Legislation Amendment Act 2002 , section 27, ceases to have effect on the commencement.\ns 39 ins 2002 No. 76 s 30","sortOrder":103},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Transitional provision for Environmental Protection (Great Barrier Reef Protection Measures) and Other Legislation Amendment Act 2019","content":"## Transitional provision for Environmental Protection (Great Barrier Reef Protection Measures) and Other Legislation Amendment Act 2019","sortOrder":104},{"sectionNumber":"sec.40","sectionType":"section","heading":"Definition of agricultural ERA","content":"### sec.40 Definition of agricultural ERA\n\nThis section applies for a period of 1 year starting on the commencement of this section.\nFor a relevant regulation, agricultural ERA has the meaning given by the Environmental Protection Act 1994 , section 75 as in force immediately before commencement of the amendment Act, section 8.\nIn this section—\namendment Act means the Environmental Protection (Great Barrier Reef Protection Measures) and Other Legislation Amendment Act 2019 .\nrelevant regulation means a regulation made under this Act to the extent the regulation is about the qualifications of a person who uses, stores or possesses an agricultural chemical product for carrying out an agricultural ERA.\ns 40 ins 2019 No. 28 s 6\n(sec.40-ssec.1) This section applies for a period of 1 year starting on the commencement of this section.\n(sec.40-ssec.2) For a relevant regulation, agricultural ERA has the meaning given by the Environmental Protection Act 1994 , section 75 as in force immediately before commencement of the amendment Act, section 8.\n(sec.40-ssec.3) In this section— amendment Act means the Environmental Protection (Great Barrier Reef Protection Measures) and Other Legislation Amendment Act 2019 . relevant regulation means a regulation made under this Act to the extent the regulation is about the qualifications of a person who uses, stores or possesses an agricultural chemical product for carrying out an agricultural ERA.","sortOrder":105}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope has been extended and refined since enactment. Amendments add detailed veterinary product regimes and compounding rules (secs 12–12L, 12I–12J), residue reporting and withholding frameworks (secs 12S–12V, 15), ERA‑specific controls (secs 12W, 13C–13E), strengthened inspector and seizure/forfeiture powers (secs 20, 32–32C), executive liability rules (secs 30A, 31) and information‑sharing and surveillance authorisations (secs 36, 20A). These changes expand enforcement tools and regulatory reach beyond the original 1988 text."},"complexity_factors":["Multiple regulated actors and activities (manufacturers, primary dealers, veterinarians, pharmacists, farmers, inspectors) increasing compliance pathways (see Pt 2 generally, e.g. secs 12–13, 12M–12R, 13–13E).","Detailed recordkeeping, notification and withholding obligations tied to trade animals and food-safety residues (secs 12M, 12N, 12O, 12Q, 12R, 15, 12S–12V).","Broad inspector powers to enter, seize, sample and require documents, with warrant and appeal regimes (secs 20, 21, 22–22D, 24).","Executive and deemed executive liability for corporations and officers (secs 30, 30A, 31) creating secondary enforcement risk for management.","Regulation- and permit-making architecture plus cross-references to the Agvet Code and Environmental Protection Act (secs 4A, 13C, 38) delegating substantive rule‑making.","Enforcement remedies including recall, destruction, directions, and forfeiture with administrative discretion (secs 14, 16–19, 32–32C).","Information‑sharing, confidentiality and modern surveillance tools (sec 36; sec 35; sec 20A) adding procedural and privacy complexity."],"plain_english_summary":"This Act controls the labelling, use, storage, sale, recall and disposal of agricultural and veterinary chemicals and chemical residues. It creates criminal and administrative duties for farmers, manufacturers, dealers, veterinarians, pharmacists and corporate officers, and empowers standards officers and inspectors to inspect, seize, require records, impose withholding periods and issue permits. It matters because it imposes clear compliance costs and behavioural rules (labelling, recordkeeping, animal identification and withholding), gives officials broad discretion to regulate or prohibit use, and enables enforcement including seizure and forfeiture."},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 1988 scope. It began as a basic framework for controlling agricultural and veterinary chemical use in Queensland. Over time, it was substantially expanded to include: detailed veterinary prescribing and off-label use rules (added in 2002); compounded veterinary medicine provisions (2002); agricultural environmentally relevant activity (ERA) conditions linked to environmental protection law (2009); granular withholding period obligations and notification requirements for livestock trade (2002); and a mandatory 24-hour chemical residue reporting regime (2014, 2020). What started as a general chemical control law has evolved into a comprehensive regulatory framework covering food safety, veterinary practice standards, environmental compliance, and supply chain traceability."},"complexity_factors":["Extensive cross-referencing to external legislation, including the federal Agvet Code (Agricultural and Veterinary Chemicals Code Act 1994), the Environmental Protection Act 1994, and the Medicines and Poisons Act 2019","Multiple overlapping categories of chemicals: registered, unregistered, proscribed, controlled, and compounded — each with different rules","Different rules apply depending on the type of person (vet, pharmacist, farmer, layperson) and the type of animal (trade species vs. non-trade species, major trade species vs. others)","Layered offence and defence structure: broad prohibition + permit exceptions + specific statutory defences for each category","Detailed and prescriptive record-keeping and information-disclosure obligations across multiple sections (12M, 12N, 12O, 12P, 12Q, 12R, 12U)","Significant amendment history across 30+ years, with sections renumbered, inserted, omitted, and substituted, making it difficult to read coherently","Distinction between 'executive liability provisions' and 'deemed executive liability provisions' adding a layer of corporate/director liability complexity","Integration with environmental regulation through 'agricultural ERA' (environmentally relevant activity) provisions, requiring compliance with yet another legislative scheme","The withholding period framework involves multiple interacting obligations: identification of animals, record-keeping, notice on sale, and prohibition on harvesting — all with separate penalty provisions","Maximum residue limits can be set at zero, creating absolute liability in some food safety situations"],"plain_english_summary":"This Queensland law sets strict rules for the use, storage, supply and disposal of agricultural and veterinary chemicals, affecting farmers, vets, animal owners, pharmacies, food producers and chemical sellers. It requires use according to label (with limited vet exceptions), mandated withholding periods, strict container/label rules, and rapid reporting of residue breaches.\n\nIt protects public health, animal welfare, the environment and trade; breaches carry substantial fines (up to hundreds of penalty units)."},"kimi_summary":{"_metrics":{"completionTokens":934},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 1988 scope. Major expansions include: (1) 2002 amendments adding extensive veterinary chemical product divisions with detailed off-label use permissions and compounded product rules; (2) 2009 amendments integrating with environmental protection laws for Great Barrier Reef protection (agricultural ERA provisions); (3) 2015 amendments adding executive liability provisions for corporate officers; (4) 2020 amendments adding confidentiality and information-sharing provisions; and (5) 2024 amendments adding detailed forfeiture and appeal mechanisms. The original Act was primarily about chemical registration and basic use controls — it now encompasses environmental protection, complex veterinary practice regulation, corporate governance, and sophisticated enforcement procedures."},"complexity_factors":["Extensive cross-referencing with the federal Agvet Code and other Queensland legislation (Environmental Protection Act 1994, Medicines and Poisons Act 2019, Public Sector Act 2022)","Multiple overlapping offence categories with different penalty structures: executive liability provisions, deemed executive liability provisions, and standard offences","Nested exemption and defence structures — many offences have multiple layers of exceptions (e.g., permit authorisation, vet supervision, specific use circumstances)","Detailed record-keeping requirements with 15+ specific data points for veterinary treatments (s 12N)","Complex withholding period rules with different requirements for trade species vs other animals, and multiple notification obligations","Transition provisions and amendment history showing significant restructuring in 1994, 2002, 2009, 2014, 2015, 2019 and 2024","Definitions located in a separate Schedule (Dictionary) rather than the main body of the Act","Multiple appointment and delegation chains: chief executive → inspectors/analysts; standards officer → deputy standards officers"],"plain_english_summary":"This Queensland Act controls how agricultural and veterinary chemicals are used, stored and managed to protect human health, animal welfare, the environment and trade. It works alongside the federal Agvet Code (the national scheme for registering chemical products).\n\n**Who it affects:** Farmers, vets, pharmacists, chemical dealers, livestock owners and anyone handling agricultural or veterinary chemicals.\n\n**Key rules:**\n- **Registered products must be used according to their labels** — using them differently is an offence unless you have a permit or fall under specific exemptions (ss 7, 12, 13)\n- **Vets have special permissions** — they can use registered veterinary products \"off-label\" for animals under their care, with restrictions (ss 12A–12D), and can use unregistered products in limited circumstances (ss 12E–12H)\n- **Compounded veterinary products** (custom-mixed medicines) are heavily restricted — only vets and pharmacists can supply them, and only for specific treatments (ss 12I–12L)\n- **Strict record-keeping** — vets, pharmacists and others must provide written instructions for treatments, keep records for 2+ years, and track \"withholding periods\" (the time before animals or produce can enter the food chain) (ss 12M–12R, 12O–12Q)\n- **Chemical residues are tightly controlled** — maximum residue limits apply to food and animal products, and you must report excess residues within 24 hours (ss 6, 15). The standards officer can issue notices to stop use of contaminated produce or land (ss 16–18)\n- **Proscribed chemicals** — the Governor in Council can ban particularly dangerous chemicals (s 11C), and possessing these without ministerial permission is a serious offence (s 9)\n- **Controlled chemicals** — unregistered chemicals can be declared \"controlled\" with use conditions set by regulation (s 8)\n\n**Enforcement:** Inspectors have broad powers to enter premises, seize chemicals, take samples, inspect documents and require information (s 20). They must show ID (ss 5B–5C) and can use body-worn cameras (s 20A). Warrants are needed for dwelling houses (s 21).\n\n**Corporate accountability:** Company executives can be personally liable for certain offences if they failed to take reasonable steps to prevent them (ss 30A–31).\n\n**Penalties:** Range from 10 penalty units (failing to return an ID card) to 800 penalty units (serious offences like possessing proscribed chemicals or breaching contamination notices)."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.9","severity":"medium","reasoning":"The section uses both 'written permission of the Minister' and 'permit' interchangeably in the same sentence without equating them. Section 9 is not listed as an 'eligible law' for the permit definition under s.109 of the Agvet Code (unlike ss.7, 12, 12E, 13, 13A, 13E), yet it relies on a permit-like concept. This creates uncertainty about whether the ministerial permission is a permit under the Agvet Code or a separate State instrument.","confidence":0.72,"description":"Section 9 prohibits possession or use of a proscribed chemical unless the person has 'written permission of the Minister' but then refers to compliance with the 'terms and conditions of the permit'. The section conflates ministerial written permission with a 'permit' without defining whether these are the same instrument, creating ambiguity about which regime applies and whether the Minister's written permission is a 'permit' for Agvet Code purposes."},{"type":"impossible_compliance","section":"sec.11B","severity":"medium","reasoning":"Once a package has ever contained a chemical, it can never lawfully be used to contain any substance other than (per s.11B(2)) the same chemical it contained when acquired, or a chemical after complete trace removal. This creates an effectively permanent ban on multi-use packaging beyond those narrow defences. The word 'any substance' is extraordinarily broad — it would technically prohibit storing water in a cleaned container that once held a registered chemical product.","confidence":0.78,"description":"Section 11B(1) broadly prohibits using a package that 'has at any time contained a chemical' to contain 'any substance'. The defence in s.11B(2)(a) permits using the package to contain a chemical if that chemical was in the package when acquired. However, the prohibition in s.11B(1) catches even the original chemical manufacturer reusing their own packaging, since by the time they reuse it, it 'has at any time contained a chemical'. The prohibition is potentially so broad it would catch virtually all chemical packaging re-use, including normal commercial recycling programs."},{"type":"impossible_compliance","section":"sec.6","severity":"medium","reasoning":"Prescribing a zero MRL effectively means any trace whatsoever of a chemical constitutes a breach. Modern analytical equipment can detect parts per trillion. Combined with the mandatory reporting obligation in s.15 (which applies when residue exceeds the prescribed MRL), a zero MRL would trigger mandatory reporting obligations for trace background contamination entirely beyond the producer's control, potentially criminalising ordinary agricultural activity.","confidence":0.7,"description":"Section 6 provides that the maximum residue limit for agricultural produce, manufactured stock food, tissue of trade species animals, and products derived from trade species animals 'may be zero'. A maximum residue limit of zero means any detectable residue would breach the limit. However, given that background environmental contamination from historical chemical use is ubiquitous, a prescribed zero MRL could make lawful production of those commodities impossible in practice, since analytical detection limits can identify infinitesimal concentrations of many chemicals."},{"type":"impossible_compliance","section":"sec.15","severity":"low","reasoning":"The 24-hour window runs continuously but the standards officer (a single person under s.4B) may have no after-hours contact mechanism. The Act does not provide for after-hours reporting channels or extend the timeframe when government offices are closed. The example of a farmer receiving an overseas lab report at night makes this a realistic practical impossibility.","confidence":0.65,"description":"Section 15(2) requires a person to advise the standards officer 'as soon as practicable but within 24 hours after becoming aware' that residue exceeds the MRL. One of the examples given is 'a farmer who receives a report of an analysis of agricultural produce from a laboratory based outside Queensland'. If the report arrives at 11pm, the farmer must advise within 24 hours. However, if the standards officer is not contactable outside business hours, compliance becomes practically impossible, yet the penalty (40 penalty units) still applies."},{"type":"other","section":"sec.12C and sec.12G","severity":"low","reasoning":"The legislative policy appears to be that unregistered products should be harder to use/supply than registered ones. Yet the intra-practice supply condition is identical for both. This suggests either a drafting oversight or an unintended equivalence that undermines the regulatory hierarchy between registered and unregistered products.","confidence":0.6,"description":"Sections 12C and 12G both relate to supply of veterinary chemical products between veterinary surgeons in the same practice but treat registered (s.12C) and unregistered (s.12G) products differently. Section 12C(1)(b) allows supply to another vet in the same practice, but s.12C(2) limits this to when a 'pharmacologically equivalent registered veterinary chemical product...is not reasonably available'. However, s.12G (for unregistered products) imposes the same condition. This means the threshold for supplying an unregistered product between vets in the same practice is identical to the threshold for supplying a registered product — arguably making the distinction between the two categories meaningless for intra-practice supply."},{"type":"circular_definition","section":"sec.4C","severity":"medium","reasoning":"Section 4D expressly allows delegation of already-delegated powers. Section 4C(2) allows the standards officer to grant powers to deputy standards officers. If the standards officer delegates to a deputy, and the deputy could theoretically re-delegate (if appointed as standards officer later), the chain of delegation becomes circular. More immediately, delegating delegated powers raises ultra vires concerns under general administrative law principles, yet the Act expressly permits it without limit.","confidence":0.63,"description":"Section 4C(2) provides that a deputy standards officer has powers 'given to the officer under this Act or by the standards officer'. Section 4D permits the standards officer to delegate powers 'including any powers delegated to the standards officer under this or another Act'. Read together, the deputy standards officer could receive delegated powers from the standards officer that themselves were delegated to the standards officer from another authority — creating a chain of sub-delegation that may exceed what the original empowering statute permitted, and potentially creating an unlimited sub-delegation loop."},{"type":"other","section":"sec.12N-ssec.2","severity":"low","reasoning":"The deliberate exclusion of s.12N(1)(a) from the non-trade species requirements creates an anomaly: for non-trade species animals the instructions need not mention withholding periods at all, yet for trade species animals this is the first and most important piece of information. The Act provides no guidance on what to do if a veterinary surgeon uses a product on a non-trade species animal that happens to have a withholding period.","confidence":0.55,"description":"Section 12N(2) provides that for treatment of animals other than trade species animals, instructions must include 'the matters mentioned in subsection (1)(b) to (p)'. Subsection (1)(a) requires information about 'whether there is a withholding period'. Withholding periods are defined in s.12S as relating to harvesting/grazing of crops or slaughtering/milking/egg collection from animals — activities that are predominantly relevant to trade species animals. Requiring withholding period information for non-trade species animals (e.g. pets) is largely meaningless yet the omission of s.12N(1)(a) from the non-trade species requirement creates an odd gap."}],"contradictions":[{"severity":"medium","section_a":"sec.12-ssec.1","section_b":"sec.12-ssec.3","confidence":0.8,"description":"Section 12(1) prohibits a veterinary surgeon from using a registered veterinary chemical product other than as stated on the approved label, and s.12(2) provides that s.12(1) does not apply if use is authorised by a permit or regulation. However, s.12(3) separately provides a defence to prosecution under s.12(1) for use authorised under ss.12A, 12B or 12C. If s.12(2) already disapplies s.12(1) for permit/regulation use, then ss.12A-12C should also disapply s.12(1) rather than operate only as a defence — meaning the vet still commits the offence but has a defence, rather than not committing the offence at all. This creates an asymmetry: permit/regulation use means no offence is committed; s.12A-12C use means an offence is committed but there is a defence. The practical distinction affects whether an acquittal can be recorded."},{"severity":"medium","section_a":"sec.12E-ssec.1","section_b":"sec.12E-ssec.3","confidence":0.8,"description":"The same structural asymmetry as ss.12(1)/(2)/(3) applies to s.12E. Section 12E(1) prohibits vets from using unregistered veterinary chemical products; s.12E(2) disapplies s.12E(1) for permit/regulation use (no offence committed); but s.12E(3) provides only a defence for use under ss.12F or 12G (offence is committed but defended). A veterinary surgeon using an unregistered product under s.12F technically commits an offence and must then raise and prove a defence at trial, whereas one with a permit commits no offence. This hierarchy — permit trumps commission of offence, while statutory authorisation under ss.12F/12G merely provides a defence — appears inconsistent with the evident legislative policy of encouraging appropriate veterinary use."},{"severity":"medium","section_a":"sec.13-ssec.1","section_b":"sec.13-ssec.3","confidence":0.78,"description":"The same asymmetry applies in Division 3 for agricultural chemical products. Section 13(1) prohibits off-label use; s.13(2) disapplies s.13(1) for permit/regulation use; s.13(3) provides only a defence for s.13B use. A person using an agricultural chemical product in compliance with s.13B (e.g. at lower concentration) technically commits an offence under s.13(1) and must prove a defence, whereas a permit holder commits no offence. This is inconsistent given that s.13B is a statutory compliance provision designed to permit flexibility in use."},{"severity":"low","section_a":"sec.12M-ssec.2","section_b":"sec.12M-ssec.4","confidence":0.62,"description":"Section 12M(2) imposes a mandatory obligation on veterinary surgeons to give written instructions for treatment. Section 12M(4) limits this obligation for non-trade species animals to specific categories of treatment (off-label use, S4 medicines, unregistered or compounded products). However, s.12M(1)(a) applies the section to a vet who 'uses, or prescribes, supplies or recommends a veterinary chemical product or compounded veterinary chemical product for use to treat an animal under the care of the veterinary surgeon' — without distinguishing between trade and non-trade species. The result is that s.12M(2) appears to impose a universal obligation, which s.12M(4) then cuts back for non-trade species. However, s.12M(4) does not address the obligation for a vet who prescribes (but does not use) a registered product on label for a non-trade species animal — leaving the obligation unclear."},{"severity":"medium","section_a":"sec.12P-ssec.1","section_b":"sec.12P-ssec.4","confidence":0.68,"description":"Section 12P(1) applies to 'a person, other than a person mentioned in subsection (4)' who uses a veterinary chemical product to treat a trade species animal. Section 12P(4)(c) excludes 'an employee of the person usually in charge of the animal who uses the product in the course of the employment'. However, s.12P(2) requires the person to give written advice to 'the person in charge of the animal at the time of the treatment'. If the excluded employee is the very person treating the animal, they are also the person in charge at the time — meaning the obligation would require them to give written advice to themselves, which is absurd. The exclusion of the employee from the obligation appears to conflict with the written advice requirement directed to whoever is treating the animal."},{"severity":"low","section_a":"sec.11A-ssec.1","section_b":"sec.11A-ssec.3","confidence":0.58,"description":"Section 11A(1) prohibits making 'a claim about the use of an unregistered chemical'. Section 11A(3)(c) exempts claims 'made by a veterinary surgeon about a use under section 12F'. Section 12F permits a vet to use or recommend unregistered veterinary chemical products for non-trade species animals or a single trade species animal. However, s.11A(3)(a) and (b) provide separate exemptions for scientific literature and fair media comment that are not restricted to veterinary surgeons. This means a lay journalist can make fair comment about unregistered chemical use (s.11A(3)(b)) without restriction, but a veterinary surgeon making a clinical claim outside the s.11A(3)(c) context (e.g. at a non-scientific public meeting) would be restricted. The narrower exemption for veterinary surgeons compared to journalists creates an anomaly."},{"severity":"low","section_a":"sec.12I-ssec.5","section_b":"sec.12I-ssec.1","confidence":0.65,"description":"Section 12I(1) makes it an offence for a veterinary surgeon to use, prescribe, supply or recommend a compounded veterinary chemical product (600 penalty units). Section 12I(5) makes it an offence for 'a person, other than a veterinary surgeon' to use such a product (also 600 penalty units). The penalties are identical despite the legislature having previously differentiated between veterinary surgeons and lay persons in other provisions. More significantly, s.12I(5) is described as a 'deemed executive liability provision' (see s.31) while s.12I(1) has no such designation — meaning corporate liability operates differently for vets versus non-vets committing the same category of offence at the same penalty level, which appears inconsistent."}]}},"importantCases":[],"_links":{"self":"/api/acts/chemical-usage-agricultural-and-veterinary-control-act-1988","history":"/api/acts/chemical-usage-agricultural-and-veterinary-control-act-1988/history","analysis":"/api/acts/chemical-usage-agricultural-and-veterinary-control-act-1988/analysis","conflicts":"/api/acts/chemical-usage-agricultural-and-veterinary-control-act-1988/conflicts","importantCases":"/api/acts/chemical-usage-agricultural-and-veterinary-control-act-1988/important-cases","documents":"/api/acts/chemical-usage-agricultural-and-veterinary-control-act-1988/documents"}}