{"id":"qld:sl-2021-0142","name":"Medicines and Poisons (Pest Management Activities) Regulation 2021","slug":"medicines-and-poisons-pest-management-activities-regulation-2021","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"142 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173925,"registerId":"qld-sl-2021-0142-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Medicines and Poisons (Pest Management Activities) Regulation 2021 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 27 September 2021.","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Dictionary","content":"### sec.3 Dictionary\n\nThe dictionary in schedule 3 defines particular words used in this regulation.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Application of regulation","content":"### sec.4 Application of regulation\n\nThis regulation applies in relation to a regulated activity that is—\na pest management activity; or\nasking or directing another person to carry out a pest management activity.\nSee also the Medicines and Poisons (Poisons and Prohibited Substances) Regulation 2021 in relation to dealings with poisons and prohibited substances (including fumigants and pesticides).\n(sec.4-ssec) This regulation applies in relation to a regulated activity that is— a pest management activity; or asking or directing another person to carry out a pest management activity. See also the Medicines and Poisons (Poisons and Prohibited Substances) Regulation 2021 in relation to dealings with poisons and prohibited substances (including fumigants and pesticides).\n- (a) a pest management activity; or\n- (b) asking or directing another person to carry out a pest management activity.","sortOrder":5},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Fumigants and pests","content":"## Fumigants and pests","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Fumigants— Act , s 14","content":"### sec.5 Fumigants— Act , s 14\n\nFor section 14 (3) of the Act , each of the following substances, and a combination of any of the substances, is prescribed to be a fumigant when prepared or used for an activity of a type mentioned in section 19 (2) of the Act —\nozone;\ncarbon dioxide;\nnitrogen.\ns 5 amd 2023 SL No. 163 s 4\n- (a) ozone;\n- (b) carbon dioxide;\n- (c) nitrogen.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Pests— Act , sch 1","content":"### sec.6 Pests— Act , sch 1\n\nA plant parasitic nematode is prescribed to be a pest for schedule 1 of the Act , definition pest , item 2.\nAn invasive animal is prescribed not to be a pest for schedule 1 of the Act , definition pest , item 3.\nIn this section—\ninvasive animal see the Medicines and Poisons (Poisons and Prohibited Substances) Regulation 2021 , schedule 7 .\n(sec.6-ssec.1) A plant parasitic nematode is prescribed to be a pest for schedule 1 of the Act , definition pest , item 2.\n(sec.6-ssec.2) An invasive animal is prescribed not to be a pest for schedule 1 of the Act , definition pest , item 3.\n(sec.6-ssec.3) In this section— invasive animal see the Medicines and Poisons (Poisons and Prohibited Substances) Regulation 2021 , schedule 7 .","sortOrder":8},{"sectionNumber":"pt.2","sectionType":"part","heading":"Authorisations and approval of departmental standard","content":"# Authorisations and approval of departmental standard","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Approved persons— Act , s 54","content":"### sec.7 Approved persons— Act , s 54\n\nFor section 54 (1) of the Act , a class of persons stated in schedule 1 is prescribed for the pest management activity with the fumigant or pesticide stated in the table in the schedule for the class of persons to the extent the activity is carried out by a person acting—\nas a member of the class of persons; and\nwithin the scope for the activity, if any.\nAn authorised person appointed under the Public Health Act 2005 is prescribed for a pest control activity with a pesticide stated in the table in schedule 1 , section 21 to the extent the person is acting as an authorised person under that Act and within the scope stated for the activity in column 3 of the table.\nIn this section—\nscope , for a pest management activity, means a circumstance, purpose or other matter stated in a table in schedule 1 for the activity.\n(sec.7-ssec.1) For section 54 (1) of the Act , a class of persons stated in schedule 1 is prescribed for the pest management activity with the fumigant or pesticide stated in the table in the schedule for the class of persons to the extent the activity is carried out by a person acting— as a member of the class of persons; and within the scope for the activity, if any. An authorised person appointed under the Public Health Act 2005 is prescribed for a pest control activity with a pesticide stated in the table in schedule 1 , section 21 to the extent the person is acting as an authorised person under that Act and within the scope stated for the activity in column 3 of the table.\n(sec.7-ssec.2) In this section— scope , for a pest management activity, means a circumstance, purpose or other matter stated in a table in schedule 1 for the activity.\n- (a) as a member of the class of persons; and\n- (b) within the scope for the activity, if any.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Approval of departmental standard— Act , s 233","content":"### sec.8 Approval of departmental standard— Act , s 233\n\nFor section 233 (4) of the Act , the departmental standard called ‘Competency requirements for licensed technicians undertaking pest management activities with pesticides and fumigants’, version 2 is approved.\ns 8 amd 2023 SL No. 163 s 5","sortOrder":11},{"sectionNumber":"pt.3","sectionType":"part","heading":"Standard conditions for pest management licences","content":"# Standard conditions for pest management licences","sortOrder":12},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":13},{"sectionNumber":"sec.9","sectionType":"section","heading":"Application of part— Act , s 70","content":"### sec.9 Application of part— Act , s 70\n\nFor section 70 (1) (a) of the Act , this part prescribes standard conditions applying in relation to pest management licences.","sortOrder":14},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"General competency condition","content":"## General competency condition","sortOrder":15},{"sectionNumber":"sec.10","sectionType":"section","heading":"Competency condition","content":"### sec.10 Competency condition\n\nA licensed technician must satisfy, and continue to satisfy, the competency requirements stated in the competency standard that relate to the pest management activities stated in the technician’s licence.\nFor subsection (1) , a person satisfies a requirement to have a competency stated in the competency standard if the person—\nhas a statement of attainment stating the person has successfully completed the competency; or\nhas successfully completed training, approved by the chief executive, that is substantially equivalent to the competency.\ns 10 amd 2023 SL No. 163 s 6\n(sec.10-ssec.1) A licensed technician must satisfy, and continue to satisfy, the competency requirements stated in the competency standard that relate to the pest management activities stated in the technician’s licence.\n(sec.10-ssec.2) For subsection (1) , a person satisfies a requirement to have a competency stated in the competency standard if the person— has a statement of attainment stating the person has successfully completed the competency; or has successfully completed training, approved by the chief executive, that is substantially equivalent to the competency.\n- (a) has a statement of attainment stating the person has successfully completed the competency; or\n- (b) has successfully completed training, approved by the chief executive, that is substantially equivalent to the competency.","sortOrder":16},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Pest control activities","content":"## Pest control activities","sortOrder":17},{"sectionNumber":"sec.11","sectionType":"section","heading":"Application of division","content":"### sec.11 Application of division\n\nThis division applies to a licensed technician who is authorised under the technician’s licence to carry out a pest control activity.\ns 11 amd 2023 SL No. 163 s 7","sortOrder":18},{"sectionNumber":"sec.12","sectionType":"section","heading":"Application of subdivision","content":"### sec.12 Application of subdivision\n\nThis subdivision applies in relation to a pest control activity that involves controlling timber pests or urban pests carried out for a customer at any place.","sortOrder":19},{"sectionNumber":"sec.13","sectionType":"section","heading":"Giving pre-treatment pest control advice","content":"### sec.13 Giving pre-treatment pest control advice\n\nBefore starting a pest control activity at a place for a customer, a licensed technician must give the customer a notice (a pre-treatment pest control advice ) for the activity.\nThe pre-treatment pest control advice may be given personally, by mail or electronically.\n(sec.13-ssec.1) Before starting a pest control activity at a place for a customer, a licensed technician must give the customer a notice (a pre-treatment pest control advice ) for the activity.\n(sec.13-ssec.2) The pre-treatment pest control advice may be given personally, by mail or electronically.","sortOrder":20},{"sectionNumber":"sec.14","sectionType":"section","heading":"Contents of pre-treatment pest control advice","content":"### sec.14 Contents of pre-treatment pest control advice\n\nA licensed technician must ensure a pre-treatment pest control advice for a pest control activity given by the technician under section 13 states the following information—\nthe contact details of—\nif the technician is carrying out the activity for another person who is a business operator—the operator’s business; or\notherwise—the technician;\nthe date the technician gives the pre-treatment pest control advice to the customer;\na statement that, under the Act , the technician must not use a pesticide for the activity unless the pesticide is a substance that is APVMA approved for use to carry out the activity;\nthe precautions that should be taken by persons at the place to minimise exposure to any pesticide used for carrying out the activity;\nremoving or protecting people or animals while the pest control activity is carried out\ncleaning items exposed to a pesticide before use\na statement of any warranties applying in relation to the activity;\na statement of any limitations applying in relation to the activity.\nIn this section—\nAPVMA approved , in relation to a use for a substance, see section 14 (4) of the Act .\ns 14 amd 2023 SL No. 163 s 8\n(sec.14-ssec.1) A licensed technician must ensure a pre-treatment pest control advice for a pest control activity given by the technician under section 13 states the following information— the contact details of— if the technician is carrying out the activity for another person who is a business operator—the operator’s business; or otherwise—the technician; the date the technician gives the pre-treatment pest control advice to the customer; a statement that, under the Act , the technician must not use a pesticide for the activity unless the pesticide is a substance that is APVMA approved for use to carry out the activity; the precautions that should be taken by persons at the place to minimise exposure to any pesticide used for carrying out the activity; removing or protecting people or animals while the pest control activity is carried out cleaning items exposed to a pesticide before use a statement of any warranties applying in relation to the activity; a statement of any limitations applying in relation to the activity.\n(sec.14-ssec.2) In this section— APVMA approved , in relation to a use for a substance, see section 14 (4) of the Act .\n- (a) the contact details of— (i) if the technician is carrying out the activity for another person who is a business operator—the operator’s business; or (ii) otherwise—the technician;\n- (i) if the technician is carrying out the activity for another person who is a business operator—the operator’s business; or\n- (ii) otherwise—the technician;\n- (b) the date the technician gives the pre-treatment pest control advice to the customer;\n- (c) a statement that, under the Act , the technician must not use a pesticide for the activity unless the pesticide is a substance that is APVMA approved for use to carry out the activity;\n- (d) the precautions that should be taken by persons at the place to minimise exposure to any pesticide used for carrying out the activity; Examples of precautions for paragraph (d) — • removing or protecting people or animals while the pest control activity is carried out • cleaning items exposed to a pesticide before use\n- • removing or protecting people or animals while the pest control activity is carried out\n- • cleaning items exposed to a pesticide before use\n- (e) a statement of any warranties applying in relation to the activity;\n- (f) a statement of any limitations applying in relation to the activity.\n- (i) if the technician is carrying out the activity for another person who is a business operator—the operator’s business; or\n- (ii) otherwise—the technician;\n- • removing or protecting people or animals while the pest control activity is carried out\n- • cleaning items exposed to a pesticide before use","sortOrder":21},{"sectionNumber":"sec.15","sectionType":"section","heading":"Giving post-treatment pest control advice","content":"### sec.15 Giving post-treatment pest control advice\n\nA licensed technician must give a customer for a pest control activity carried out at a place another notice (a post-treatment pest control advice ) for the activity—\nif the place is occupied—prior to leaving the place after carrying out the activity; or\nif the place is not occupied—within 24 hours after leaving the place.\nThe post-treatment pest control advice may be given personally, by mail or electronically.\n(sec.15-ssec.1) A licensed technician must give a customer for a pest control activity carried out at a place another notice (a post-treatment pest control advice ) for the activity— if the place is occupied—prior to leaving the place after carrying out the activity; or if the place is not occupied—within 24 hours after leaving the place.\n(sec.15-ssec.2) The post-treatment pest control advice may be given personally, by mail or electronically.\n- (a) if the place is occupied—prior to leaving the place after carrying out the activity; or\n- (b) if the place is not occupied—within 24 hours after leaving the place.","sortOrder":22},{"sectionNumber":"sec.16","sectionType":"section","heading":"Contents of post-treatment pest control advice","content":"### sec.16 Contents of post-treatment pest control advice\n\nA licensed technician must ensure a post-treatment pest control advice for a pest control activity given by the technician under section 15 states the following information—\nthe contact details of—\nif the technician is carrying out the activity for another person who is a business operator—the operator’s business; or\notherwise—the technician;\nthe technician’s licence number;\nfor each pesticide used for the activity—\nthe name by which the pesticide is marketed or sold; and\nthe active constituent of the pesticide;\nthe address of the place or details of the part of the place where the pesticide was used;\nwhen and for how long the activity was carried out.\nThe post-treatment pest control advice must be dated and signed by the licensed technician.\n(sec.16-ssec.1) A licensed technician must ensure a post-treatment pest control advice for a pest control activity given by the technician under section 15 states the following information— the contact details of— if the technician is carrying out the activity for another person who is a business operator—the operator’s business; or otherwise—the technician; the technician’s licence number; for each pesticide used for the activity— the name by which the pesticide is marketed or sold; and the active constituent of the pesticide; the address of the place or details of the part of the place where the pesticide was used; when and for how long the activity was carried out.\n(sec.16-ssec.2) The post-treatment pest control advice must be dated and signed by the licensed technician.\n- (a) the contact details of— (i) if the technician is carrying out the activity for another person who is a business operator—the operator’s business; or (ii) otherwise—the technician;\n- (i) if the technician is carrying out the activity for another person who is a business operator—the operator’s business; or\n- (ii) otherwise—the technician;\n- (b) the technician’s licence number;\n- (c) for each pesticide used for the activity— (i) the name by which the pesticide is marketed or sold; and (ii) the active constituent of the pesticide;\n- (i) the name by which the pesticide is marketed or sold; and\n- (ii) the active constituent of the pesticide;\n- (d) the address of the place or details of the part of the place where the pesticide was used;\n- (e) when and for how long the activity was carried out.\n- (i) if the technician is carrying out the activity for another person who is a business operator—the operator’s business; or\n- (ii) otherwise—the technician;\n- (i) the name by which the pesticide is marketed or sold; and\n- (ii) the active constituent of the pesticide;","sortOrder":23},{"sectionNumber":"sec.17","sectionType":"section","heading":"Application of subdivision","content":"### sec.17 Application of subdivision\n\nThis subdivision applies in relation to a pest control activity that involves controlling urban pests carried out for a customer at a high-risk or sensitive place.\nThis subdivision applies in addition to, and does not limit, subdivision 2 .\n(sec.17-ssec.1) This subdivision applies in relation to a pest control activity that involves controlling urban pests carried out for a customer at a high-risk or sensitive place.\n(sec.17-ssec.2) This subdivision applies in addition to, and does not limit, subdivision 2 .","sortOrder":24},{"sectionNumber":"sec.18","sectionType":"section","heading":"Activity risk management plan required","content":"### sec.18 Activity risk management plan required\n\nA licensed technician must not start carrying out a pest control activity for a customer at a high-risk or sensitive place unless a plan (an activity risk management plan ) has been prepared for carrying out, and addressing the risks associated with, the activity.\nThe activity risk management plan must be prepared by a licensed technician who—\nhas a statement of attainment stating the technician has successfully completed the competency required under the competency standard for treating urban pests at the type of place at which the pest control activity is to be carried out; or\nhas successfully completed training, approved by the chief executive, that is substantially equivalent to the competency mentioned in paragraph (a) .\ns 18 sub 2023 SL No. 163 s 9\n(sec.18-ssec.1) A licensed technician must not start carrying out a pest control activity for a customer at a high-risk or sensitive place unless a plan (an activity risk management plan ) has been prepared for carrying out, and addressing the risks associated with, the activity.\n(sec.18-ssec.2) The activity risk management plan must be prepared by a licensed technician who— has a statement of attainment stating the technician has successfully completed the competency required under the competency standard for treating urban pests at the type of place at which the pest control activity is to be carried out; or has successfully completed training, approved by the chief executive, that is substantially equivalent to the competency mentioned in paragraph (a) .\n- (a) has a statement of attainment stating the technician has successfully completed the competency required under the competency standard for treating urban pests at the type of place at which the pest control activity is to be carried out; or\n- (b) has successfully completed training, approved by the chief executive, that is substantially equivalent to the competency mentioned in paragraph (a) .","sortOrder":25},{"sectionNumber":"sec.19","sectionType":"section","heading":"Contents of activity risk management plan","content":"### sec.19 Contents of activity risk management plan\n\nAn activity risk management plan for a pest control activity carried out for a customer at a high-risk or sensitive place must state the following information—\nthe name and licence number of the licensed technician carrying out the activity;\nthe contact details and licence number of the licensed technician preparing the plan (the preparer ), if that technician is not carrying out the activity;\nthe contact details of the customer;\nthe contact details of the person responsible for controlling access to the place, if that person is not the customer;\nany procedures to be followed to obtain access to the place;\nthe day and time the activity is to be carried out;\nthe address of the place;\nthe details of the part of the place where the activity is to be carried out;\nthe estimated amount of time for completing the activity;\nthe type of pests to be controlled;\nthe reason why the activity is to be carried out;\nthe type and concentration of the pesticide to be used for the activity, including the name and active constituent;\nhow the pesticide is to be used;\nany special considerations or precautions to be implemented due to the nature of the place;\nthe hazards and risks associated with carrying out the activity;\nthe measures to be implemented to control the stated hazards and risks;\nthe roles and responsibilities of all persons involved in carrying out the activity.\nThe activity risk management plan must also include—\na statement by the preparer of the plan that the matters mentioned in this section have all been considered; and\nthe signature of the preparer.\ns 19 amd 2023 SL No. 163 s 10\n(sec.19-ssec.1) An activity risk management plan for a pest control activity carried out for a customer at a high-risk or sensitive place must state the following information— the name and licence number of the licensed technician carrying out the activity; the contact details and licence number of the licensed technician preparing the plan (the preparer ), if that technician is not carrying out the activity; the contact details of the customer; the contact details of the person responsible for controlling access to the place, if that person is not the customer; any procedures to be followed to obtain access to the place; the day and time the activity is to be carried out; the address of the place; the details of the part of the place where the activity is to be carried out; the estimated amount of time for completing the activity; the type of pests to be controlled; the reason why the activity is to be carried out; the type and concentration of the pesticide to be used for the activity, including the name and active constituent; how the pesticide is to be used; any special considerations or precautions to be implemented due to the nature of the place; the hazards and risks associated with carrying out the activity; the measures to be implemented to control the stated hazards and risks; the roles and responsibilities of all persons involved in carrying out the activity.\n(sec.19-ssec.2) The activity risk management plan must also include— a statement by the preparer of the plan that the matters mentioned in this section have all been considered; and the signature of the preparer.\n- (a) the name and licence number of the licensed technician carrying out the activity;\n- (b) the contact details and licence number of the licensed technician preparing the plan (the preparer ), if that technician is not carrying out the activity;\n- (c) the contact details of the customer;\n- (d) the contact details of the person responsible for controlling access to the place, if that person is not the customer;\n- (e) any procedures to be followed to obtain access to the place;\n- (f) the day and time the activity is to be carried out;\n- (g) the address of the place;\n- (h) the details of the part of the place where the activity is to be carried out;\n- (i) the estimated amount of time for completing the activity;\n- (j) the type of pests to be controlled;\n- (k) the reason why the activity is to be carried out;\n- (l) the type and concentration of the pesticide to be used for the activity, including the name and active constituent;\n- (m) how the pesticide is to be used;\n- (n) any special considerations or precautions to be implemented due to the nature of the place;\n- (o) the hazards and risks associated with carrying out the activity;\n- (p) the measures to be implemented to control the stated hazards and risks;\n- (q) the roles and responsibilities of all persons involved in carrying out the activity.\n- (a) a statement by the preparer of the plan that the matters mentioned in this section have all been considered; and\n- (b) the signature of the preparer.","sortOrder":26},{"sectionNumber":"sec.20","sectionType":"section","heading":"Compliance with activity risk management plan","content":"### sec.20 Compliance with activity risk management plan\n\nA licensed technician must carry out a pest control activity at a high-risk or sensitive place in accordance with an activity risk management plan for the activity, to the extent reasonably practicable.","sortOrder":27},{"sectionNumber":"sec.20A","sectionType":"section","heading":"Supervision required for carrying out activity","content":"### sec.20A Supervision required for carrying out activity\n\nA licensed technician must not carry out a pest control activity for a customer at a high-risk or sensitive place unless the licensed technician has, or is supervised by a licensed technician who has—\na statement of attainment stating the technician has successfully completed the competency required under the competency standard for treating urban pests at the type of place at which the pest control activity is to be carried out; or\nsuccessfully completed training, approved by the chief executive, that is substantially equivalent to the competency mentioned in paragraph (a) .\ns 20A ins 2023 SL No. 163 s 11\n- (a) a statement of attainment stating the technician has successfully completed the competency required under the competency standard for treating urban pests at the type of place at which the pest control activity is to be carried out; or\n- (b) successfully completed training, approved by the chief executive, that is substantially equivalent to the competency mentioned in paragraph (a) .","sortOrder":28},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Fumigation activities","content":"## Fumigation activities","sortOrder":29},{"sectionNumber":"sec.21","sectionType":"section","heading":"Application of division","content":"### sec.21 Application of division\n\nThis division applies to a licensed technician who is authorised under the technician’s licence to carry out a fumigation activity.\ns 21 amd 2023 SL No. 163 s 12","sortOrder":30},{"sectionNumber":"sec.22","sectionType":"section","heading":"Compliance with Commonwealth law","content":"### sec.22 Compliance with Commonwealth law\n\nThis section applies if a licensed technician carries out a fumigation activity under a law of the Commonwealth.\nSee, for example, the Biosecurity Act 2015 (Cwlth) in relation to requirements for importers or exporters to carry out fumigation activities.\nThe licensed technician is taken to comply with a requirement in a condition in this division in relation to giving a notice or certificate if the technician has complied with the same or a substantially similar requirement for the fumigation activity carried out under the law of the Commonwealth.\n(sec.22-ssec.1) This section applies if a licensed technician carries out a fumigation activity under a law of the Commonwealth. See, for example, the Biosecurity Act 2015 (Cwlth) in relation to requirements for importers or exporters to carry out fumigation activities.\n(sec.22-ssec.2) The licensed technician is taken to comply with a requirement in a condition in this division in relation to giving a notice or certificate if the technician has complied with the same or a substantially similar requirement for the fumigation activity carried out under the law of the Commonwealth.","sortOrder":31},{"sectionNumber":"sec.23","sectionType":"section","heading":"Activity risk management plan required","content":"### sec.23 Activity risk management plan required\n\nA licensed technician must not start carrying out a fumigation activity for a customer at a fumigation site unless a plan (an activity risk management plan ) for carrying out, and addressing the risks associated with, the activity has been prepared by the technician or another licensed technician authorised to carry out the fumigation activity.\ns 23 sub 2023 SL No. 163 s 13","sortOrder":32},{"sectionNumber":"sec.24","sectionType":"section","heading":"Contents of activity risk management plan","content":"### sec.24 Contents of activity risk management plan\n\nAn activity risk management plan for a fumigation activity carried out for a customer at a fumigation site must state the following information—\nthe name and licence number of the licensed technician carrying out the activity;\nthe contact details and licence number of the licensed technician preparing the plan (the preparer ), if that technician is not carrying out the activity;\nthe contact details of the customer;\nthe contact details of the person responsible for controlling access to the site, if that person is not the customer;\ndetails about access to the site, including any procedures to be followed to obtain access;\nthe day and time the activity is to be carried out;\nthe address of the site;\nthe details of the exposure area for the activity;\ndetails about the availability of water and power at the site;\nhow the fumigant is to be introduced to the fumigation space for the activity;\nhow the fumigation space is to be ventilated;\nthe arrangements for securing or restricting access to the exposure area for the activity;\nthe method to be used to establish that the exposure area is safe for entry;\nthe estimated amount of time for completing the activity;\nthe reason why the activity is to be carried out;\nthe type of pests to be controlled;\nthe type and concentration of the fumigant to be used for the activity, including the name and active constituent, and how the fumigant is to be used;\nany special considerations or precautions to be implemented due to the nature of the site;\nthe hazards and risks associated with carrying out the activity and the measures to be implemented to control those hazards and risks;\nthe roles and responsibilities of all persons involved in carrying out the activity;\nprocedures for dealing with an emergency situation that may arise during the activity.\nThe activity risk management plan must also include—\na statement by the preparer of the plan that the matters mentioned in this section have all been considered; and\nthe signature of the preparer.\nSee section 31 for the requirement to comply with the activity risk management plan.\ns 24 amd 2023 SL No. 163 s 14\n(sec.24-ssec.1) An activity risk management plan for a fumigation activity carried out for a customer at a fumigation site must state the following information— the name and licence number of the licensed technician carrying out the activity; the contact details and licence number of the licensed technician preparing the plan (the preparer ), if that technician is not carrying out the activity; the contact details of the customer; the contact details of the person responsible for controlling access to the site, if that person is not the customer; details about access to the site, including any procedures to be followed to obtain access; the day and time the activity is to be carried out; the address of the site; the details of the exposure area for the activity; details about the availability of water and power at the site; how the fumigant is to be introduced to the fumigation space for the activity; how the fumigation space is to be ventilated; the arrangements for securing or restricting access to the exposure area for the activity; the method to be used to establish that the exposure area is safe for entry; the estimated amount of time for completing the activity; the reason why the activity is to be carried out; the type of pests to be controlled; the type and concentration of the fumigant to be used for the activity, including the name and active constituent, and how the fumigant is to be used; any special considerations or precautions to be implemented due to the nature of the site; the hazards and risks associated with carrying out the activity and the measures to be implemented to control those hazards and risks; the roles and responsibilities of all persons involved in carrying out the activity; procedures for dealing with an emergency situation that may arise during the activity.\n(sec.24-ssec.2) The activity risk management plan must also include— a statement by the preparer of the plan that the matters mentioned in this section have all been considered; and the signature of the preparer. See section 31 for the requirement to comply with the activity risk management plan.\n- (a) the name and licence number of the licensed technician carrying out the activity;\n- (b) the contact details and licence number of the licensed technician preparing the plan (the preparer ), if that technician is not carrying out the activity;\n- (c) the contact details of the customer;\n- (d) the contact details of the person responsible for controlling access to the site, if that person is not the customer;\n- (e) details about access to the site, including any procedures to be followed to obtain access;\n- (f) the day and time the activity is to be carried out;\n- (g) the address of the site;\n- (h) the details of the exposure area for the activity;\n- (i) details about the availability of water and power at the site;\n- (j) how the fumigant is to be introduced to the fumigation space for the activity;\n- (k) how the fumigation space is to be ventilated;\n- (l) the arrangements for securing or restricting access to the exposure area for the activity;\n- (m) the method to be used to establish that the exposure area is safe for entry;\n- (n) the estimated amount of time for completing the activity;\n- (o) the reason why the activity is to be carried out;\n- (p) the type of pests to be controlled;\n- (q) the type and concentration of the fumigant to be used for the activity, including the name and active constituent, and how the fumigant is to be used;\n- (r) any special considerations or precautions to be implemented due to the nature of the site;\n- (s) the hazards and risks associated with carrying out the activity and the measures to be implemented to control those hazards and risks;\n- (t) the roles and responsibilities of all persons involved in carrying out the activity;\n- (u) procedures for dealing with an emergency situation that may arise during the activity.\n- (a) a statement by the preparer of the plan that the matters mentioned in this section have all been considered; and\n- (b) the signature of the preparer. Note— See section 31 for the requirement to comply with the activity risk management plan.","sortOrder":33},{"sectionNumber":"sec.25","sectionType":"section","heading":"Giving fumigation notice","content":"### sec.25 Giving fumigation notice\n\nBefore starting a fumigation activity for a customer at a fumigation site, a licensed technician must give a notice (a fumigation notice ) for the activity to either—\nthe customer; or\nthe owner or occupier of the site.\nThe fumigation notice must be dated and signed by the licensed technician.\nSubsection (1) does not apply if the licensed technician is carrying out the fumigation activity at the fumigation site in the course of the technician’s employment by the owner or occupier of the site.\nThe licensed technician must—\nif the technician is carrying out the fumigation activity for another person who is a business operator—give a copy of the fumigation notice to the operator; or\notherwise—keep a copy of the fumigation notice.\n(sec.25-ssec.1) Before starting a fumigation activity for a customer at a fumigation site, a licensed technician must give a notice (a fumigation notice ) for the activity to either— the customer; or the owner or occupier of the site.\n(sec.25-ssec.2) The fumigation notice must be dated and signed by the licensed technician.\n(sec.25-ssec.3) Subsection (1) does not apply if the licensed technician is carrying out the fumigation activity at the fumigation site in the course of the technician’s employment by the owner or occupier of the site.\n(sec.25-ssec.4) The licensed technician must— if the technician is carrying out the fumigation activity for another person who is a business operator—give a copy of the fumigation notice to the operator; or otherwise—keep a copy of the fumigation notice.\n- (a) the customer; or\n- (b) the owner or occupier of the site.\n- (a) if the technician is carrying out the fumigation activity for another person who is a business operator—give a copy of the fumigation notice to the operator; or\n- (b) otherwise—keep a copy of the fumigation notice.","sortOrder":34},{"sectionNumber":"sec.26","sectionType":"section","heading":"Contents of fumigation notice","content":"### sec.26 Contents of fumigation notice\n\nA licensed technician must ensure a fumigation notice for a fumigation activity given by the technician under section 25 states the following information—\nthe contact details of—\nif the technician is carrying out the activity for another person who is a business operator—the operator’s business; or\notherwise—the technician;\nthe technician’s licence number;\nthe fumigant to be used for the activity;\nthe fumigation site and exposure area for the activity;\nthe day and time the fumigant is to be introduced into the fumigation space for the activity;\nan estimate of the length of the exposure period for the activity;\nthe precautions that should be taken by persons at the fumigation site to minimise exposure to the fumigant.\nremoving or protecting people or animals while the fumigation activity is carried out\ncleaning items exposed to the fumigant before use\n- (a) the contact details of— (i) if the technician is carrying out the activity for another person who is a business operator—the operator’s business; or (ii) otherwise—the technician;\n- (i) if the technician is carrying out the activity for another person who is a business operator—the operator’s business; or\n- (ii) otherwise—the technician;\n- (b) the technician’s licence number;\n- (c) the fumigant to be used for the activity;\n- (d) the fumigation site and exposure area for the activity;\n- (e) the day and time the fumigant is to be introduced into the fumigation space for the activity;\n- (f) an estimate of the length of the exposure period for the activity;\n- (g) the precautions that should be taken by persons at the fumigation site to minimise exposure to the fumigant. Examples of precautions for paragraph (g) — • removing or protecting people or animals while the fumigation activity is carried out • cleaning items exposed to the fumigant before use\n- • removing or protecting people or animals while the fumigation activity is carried out\n- • cleaning items exposed to the fumigant before use\n- (i) if the technician is carrying out the activity for another person who is a business operator—the operator’s business; or\n- (ii) otherwise—the technician;\n- • removing or protecting people or animals while the fumigation activity is carried out\n- • cleaning items exposed to the fumigant before use","sortOrder":35},{"sectionNumber":"sec.27","sectionType":"section","heading":"Identifying risk area","content":"### sec.27 Identifying risk area\n\nBefore carrying out a fumigation activity, a licensed technician must inspect the fumigation space for the activity and the area adjoining the space to identify each risk area for the activity, if any.","sortOrder":36},{"sectionNumber":"sec.28","sectionType":"section","heading":"Inspecting before fumigating","content":"### sec.28 Inspecting before fumigating\n\nBefore introducing a fumigant into a fumigation space for a fumigation activity, a licensed technician must inspect the exposure area for the activity and take all reasonable steps to ensure the following—\nno-one is in the area other than persons authorised by the technician to be in the area;\nevery potential source of ignition in the area is extinguished or turned off;\nany food or liquid in the area that is not the subject of the activity is removed from the area;\nevery opening in the space by which the fumigant could escape from the area is sealed in a way that prevents the escape.\na crack or crevice in a building\nan entry point to an underground service tunnel\nSubsection (1) (d) does not apply if—\nthe fumigation space is a grain storage facility; and\nthe fumigation activity is carried out using a method designed for use in a grain storage facility that is not sealed.\n(sec.28-ssec.1) Before introducing a fumigant into a fumigation space for a fumigation activity, a licensed technician must inspect the exposure area for the activity and take all reasonable steps to ensure the following— no-one is in the area other than persons authorised by the technician to be in the area; every potential source of ignition in the area is extinguished or turned off; any food or liquid in the area that is not the subject of the activity is removed from the area; every opening in the space by which the fumigant could escape from the area is sealed in a way that prevents the escape. a crack or crevice in a building an entry point to an underground service tunnel\n(sec.28-ssec.2) Subsection (1) (d) does not apply if— the fumigation space is a grain storage facility; and the fumigation activity is carried out using a method designed for use in a grain storage facility that is not sealed.\n- (a) no-one is in the area other than persons authorised by the technician to be in the area;\n- (b) every potential source of ignition in the area is extinguished or turned off;\n- (c) any food or liquid in the area that is not the subject of the activity is removed from the area;\n- (d) every opening in the space by which the fumigant could escape from the area is sealed in a way that prevents the escape. Examples of openings— • a crack or crevice in a building • an entry point to an underground service tunnel\n- • a crack or crevice in a building\n- • an entry point to an underground service tunnel\n- • a crack or crevice in a building\n- • an entry point to an underground service tunnel\n- (a) the fumigation space is a grain storage facility; and\n- (b) the fumigation activity is carried out using a method designed for use in a grain storage facility that is not sealed.","sortOrder":37},{"sectionNumber":"sec.29","sectionType":"section","heading":"Erecting barricades","content":"### sec.29 Erecting barricades\n\nBefore carrying out a fumigation activity, a licensed technician must erect barricades to restrict access to the exposure area for the activity during the exposure period for the activity.","sortOrder":38},{"sectionNumber":"sec.30","sectionType":"section","heading":"Displaying warning signs","content":"### sec.30 Displaying warning signs\n\nA licensed technician carrying out a fumigation activity must place warning signs on any barricades erected under section 29 around the exposure area for the activity.\nThe warning signs must be—\nsufficient in number to warn a person approaching the exposure area; and\nplaced in a way that can be easily seen by a person approaching the exposure area; and\nplaced before the fumigation activity is started; and\nkept in place for the entire exposure period for the fumigation activity.\nEach warning sign must be on a white background and state—\ncontact details of the following, in print of a colour and size that is easy to read—\nif the licensed technician is carrying out the activity for the operator of a pest management business—the business;\notherwise—the technician; and\nthe following words in red print and capital letters with a height of at least 50mm—\n‘danger’, ‘keep out’ and ‘fumigation in progress’;\nafter the words mentioned in subparagraph (i) —‘with’ followed by the name of the fumigant being used for the fumigation activity.\n(sec.30-ssec.1) A licensed technician carrying out a fumigation activity must place warning signs on any barricades erected under section 29 around the exposure area for the activity.\n(sec.30-ssec.2) The warning signs must be— sufficient in number to warn a person approaching the exposure area; and placed in a way that can be easily seen by a person approaching the exposure area; and placed before the fumigation activity is started; and kept in place for the entire exposure period for the fumigation activity.\n(sec.30-ssec.3) Each warning sign must be on a white background and state— contact details of the following, in print of a colour and size that is easy to read— if the licensed technician is carrying out the activity for the operator of a pest management business—the business; otherwise—the technician; and the following words in red print and capital letters with a height of at least 50mm— ‘danger’, ‘keep out’ and ‘fumigation in progress’; after the words mentioned in subparagraph (i) —‘with’ followed by the name of the fumigant being used for the fumigation activity.\n- (a) sufficient in number to warn a person approaching the exposure area; and\n- (b) placed in a way that can be easily seen by a person approaching the exposure area; and\n- (c) placed before the fumigation activity is started; and\n- (d) kept in place for the entire exposure period for the fumigation activity.\n- (a) contact details of the following, in print of a colour and size that is easy to read— (i) if the licensed technician is carrying out the activity for the operator of a pest management business—the business; (ii) otherwise—the technician; and\n- (i) if the licensed technician is carrying out the activity for the operator of a pest management business—the business;\n- (ii) otherwise—the technician; and\n- (b) the following words in red print and capital letters with a height of at least 50mm— (i) ‘danger’, ‘keep out’ and ‘fumigation in progress’; (ii) after the words mentioned in subparagraph (i) —‘with’ followed by the name of the fumigant being used for the fumigation activity.\n- (i) ‘danger’, ‘keep out’ and ‘fumigation in progress’;\n- (ii) after the words mentioned in subparagraph (i) —‘with’ followed by the name of the fumigant being used for the fumigation activity.\n- (i) if the licensed technician is carrying out the activity for the operator of a pest management business—the business;\n- (ii) otherwise—the technician; and\n- (i) ‘danger’, ‘keep out’ and ‘fumigation in progress’;\n- (ii) after the words mentioned in subparagraph (i) —‘with’ followed by the name of the fumigant being used for the fumigation activity.","sortOrder":39},{"sectionNumber":"sec.31","sectionType":"section","heading":"Compliance with activity risk management plan","content":"### sec.31 Compliance with activity risk management plan\n\nA licensed technician must carry out a fumigation activity at a fumigation site in accordance with an activity risk management plan for the activity, to the extent reasonably practicable.","sortOrder":40},{"sectionNumber":"sec.32","sectionType":"section","heading":"Other person to be near licensed technician","content":"### sec.32 Other person to be near licensed technician\n\nWhile a licensed technician is carrying out a fumigation activity at a fumigation site, the technician must take all reasonable steps to ensure at least 1 other person more than 17 years is physically present at the site.\nThe licensed technician must advise the other person about how to suitably assist the technician, if necessary.\n(sec.32-ssec.1) While a licensed technician is carrying out a fumigation activity at a fumigation site, the technician must take all reasonable steps to ensure at least 1 other person more than 17 years is physically present at the site.\n(sec.32-ssec.2) The licensed technician must advise the other person about how to suitably assist the technician, if necessary.","sortOrder":41},{"sectionNumber":"sec.33","sectionType":"section","heading":"Inspecting and testing during fumigation","content":"### sec.33 Inspecting and testing during fumigation\n\nA licensed technician carrying out a fumigation activity at a fumigation site must—\ninspect the fumigation space for the activity and the equipment being used to introduce the fumigant into the space; and\ntest the fumigation space and equipment mentioned in paragraph (a) for leakage or escape of the fumigant outside the exposure area for the activity.\nThe inspection and testing must be carried out—\nduring the introduction of the fumigant into the fumigation space, if practicable; and\nregularly during the retention period of the fumigant introduced into the fumigation space.\nIf the licensed technician detects an unsafe leak from the fumigation space or equipment, the technician must—\nstop the unsafe leak; and\nseal the space or equipment to prevent further unsafe leaks.\nThis section does not apply if—\nthe fumigation space is a grain storage facility; and\nthe fumigation activity is carried out using a method designed for use in a grain storage facility that is not sealed.\nIn this section—\nunsafe leak , in relation to a fumigant, is a leakage or escape that is more than the safe exposure concentration for the fumigant.\n(sec.33-ssec.1) A licensed technician carrying out a fumigation activity at a fumigation site must— inspect the fumigation space for the activity and the equipment being used to introduce the fumigant into the space; and test the fumigation space and equipment mentioned in paragraph (a) for leakage or escape of the fumigant outside the exposure area for the activity.\n(sec.33-ssec.2) The inspection and testing must be carried out— during the introduction of the fumigant into the fumigation space, if practicable; and regularly during the retention period of the fumigant introduced into the fumigation space.\n(sec.33-ssec.3) If the licensed technician detects an unsafe leak from the fumigation space or equipment, the technician must— stop the unsafe leak; and seal the space or equipment to prevent further unsafe leaks.\n(sec.33-ssec.4) This section does not apply if— the fumigation space is a grain storage facility; and the fumigation activity is carried out using a method designed for use in a grain storage facility that is not sealed.\n(sec.33-ssec.5) In this section— unsafe leak , in relation to a fumigant, is a leakage or escape that is more than the safe exposure concentration for the fumigant.\n- (a) inspect the fumigation space for the activity and the equipment being used to introduce the fumigant into the space; and\n- (b) test the fumigation space and equipment mentioned in paragraph (a) for leakage or escape of the fumigant outside the exposure area for the activity.\n- (a) during the introduction of the fumigant into the fumigation space, if practicable; and\n- (b) regularly during the retention period of the fumigant introduced into the fumigation space.\n- (a) stop the unsafe leak; and\n- (b) seal the space or equipment to prevent further unsafe leaks.\n- (a) the fumigation space is a grain storage facility; and\n- (b) the fumigation activity is carried out using a method designed for use in a grain storage facility that is not sealed.","sortOrder":42},{"sectionNumber":"sec.34","sectionType":"section","heading":"Releasing fumigant and venting fumigation space","content":"### sec.34 Releasing fumigant and venting fumigation space\n\nThis section applies at the end of the retention period of a fumigant introduced into a fumigation space for a fumigation activity.\nThe licensed technician must—\nrelease the fumigant from the fumigation space in a way that is unlikely to endanger a person; and\nvent the fumigation space in a way that leaves the concentration of the fumigant in the space no more than the safe exposure concentration for the fumigant.\n(sec.34-ssec.1) This section applies at the end of the retention period of a fumigant introduced into a fumigation space for a fumigation activity.\n(sec.34-ssec.2) The licensed technician must— release the fumigant from the fumigation space in a way that is unlikely to endanger a person; and vent the fumigation space in a way that leaves the concentration of the fumigant in the space no more than the safe exposure concentration for the fumigant.\n- (a) release the fumigant from the fumigation space in a way that is unlikely to endanger a person; and\n- (b) vent the fumigation space in a way that leaves the concentration of the fumigant in the space no more than the safe exposure concentration for the fumigant.","sortOrder":43},{"sectionNumber":"sec.35","sectionType":"section","heading":"Re-entering exposure area","content":"### sec.35 Re-entering exposure area\n\nThis section applies after the release of a fumigant from, and venting of, a fumigation space for a fumigation activity carried out by a licensed technician.\nThe licensed technician must check that the concentration of fumigant in the exposure area for the fumigation activity is no more than the safe exposure concentration for the fumigant.\nAlso, the licensed technician must take all reasonable steps to ensure no person enters the exposure area until the technician is satisfied the area is safe for entry.\n(sec.35-ssec.1) This section applies after the release of a fumigant from, and venting of, a fumigation space for a fumigation activity carried out by a licensed technician.\n(sec.35-ssec.2) The licensed technician must check that the concentration of fumigant in the exposure area for the fumigation activity is no more than the safe exposure concentration for the fumigant.\n(sec.35-ssec.3) Also, the licensed technician must take all reasonable steps to ensure no person enters the exposure area until the technician is satisfied the area is safe for entry.","sortOrder":44},{"sectionNumber":"sec.36","sectionType":"section","heading":"Giving clearance certificate","content":"### sec.36 Giving clearance certificate\n\nA licensed technician who has carried out a fumigation activity for a customer must, when satisfied the exposure area for the activity is safe for entry, give the customer a notice (a clearance certificate ) for the activity.\nThe clearance certificate must be dated and signed by the licensed technician.\nThe licensed technician must—\nif the technician is carrying out the fumigation activity for another person who is a business operator—give a copy of the clearance certificate to the operator; or\notherwise—keep a copy of the clearance certificate.\n(sec.36-ssec.1) A licensed technician who has carried out a fumigation activity for a customer must, when satisfied the exposure area for the activity is safe for entry, give the customer a notice (a clearance certificate ) for the activity.\n(sec.36-ssec.2) The clearance certificate must be dated and signed by the licensed technician.\n(sec.36-ssec.3) The licensed technician must— if the technician is carrying out the fumigation activity for another person who is a business operator—give a copy of the clearance certificate to the operator; or otherwise—keep a copy of the clearance certificate.\n- (a) if the technician is carrying out the fumigation activity for another person who is a business operator—give a copy of the clearance certificate to the operator; or\n- (b) otherwise—keep a copy of the clearance certificate.","sortOrder":45},{"sectionNumber":"sec.37","sectionType":"section","heading":"Contents of clearance certificate","content":"### sec.37 Contents of clearance certificate\n\nA licensed technician must ensure the following information is stated in a clearance certificate for a fumigation activity carried out by the technician for a customer at a fumigation site—\nthe contact details of the customer;\nthe contact details of—\nif the technician is carrying out the activity for another person who is a business operator—the operator’s business; or\notherwise—the technician;\nthe technician’s licence number;\nthe address of the site;\nthe details of the exposure area for the activity;\nthe details of what was fumigated;\nthe reason for the activity;\nthe type and concentration of fumigant used;\nthe day and time the fumigant was introduced into the fumigation space for the activity;\nthe method used to introduce the fumigant into the fumigation space;\nthe retention period of the fumigant introduced into the fumigation space;\nthe day and time the fumigant was released from the fumigation space;\nthe method used to establish that the exposure area was safe for entry;\na statement that the exposure area is safe for entry.\n- (a) the contact details of the customer;\n- (b) the contact details of— (i) if the technician is carrying out the activity for another person who is a business operator—the operator’s business; or (ii) otherwise—the technician;\n- (i) if the technician is carrying out the activity for another person who is a business operator—the operator’s business; or\n- (ii) otherwise—the technician;\n- (c) the technician’s licence number;\n- (d) the address of the site;\n- (e) the details of the exposure area for the activity;\n- (f) the details of what was fumigated;\n- (g) the reason for the activity;\n- (h) the type and concentration of fumigant used;\n- (i) the day and time the fumigant was introduced into the fumigation space for the activity;\n- (j) the method used to introduce the fumigant into the fumigation space;\n- (k) the retention period of the fumigant introduced into the fumigation space;\n- (l) the day and time the fumigant was released from the fumigation space;\n- (m) the method used to establish that the exposure area was safe for entry;\n- (n) a statement that the exposure area is safe for entry.\n- (i) if the technician is carrying out the activity for another person who is a business operator—the operator’s business; or\n- (ii) otherwise—the technician;","sortOrder":46},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Other conditions","content":"## Other conditions","sortOrder":47},{"sectionNumber":"sec.38","sectionType":"section","heading":"Obligations when supervising pest management trainees","content":"### sec.38 Obligations when supervising pest management trainees\n\nThis section applies if—\na pest management trainee is carrying out a pest management activity that the trainee is authorised under the Act to carry out under supervision; and\na licensed technician is, under the technician’s licence, authorised to carry out the pest management activity; and\nthe licensed technician is carrying out the pest management activity with, and supervising, the pest management trainee.\nWhile the pest management trainee is carrying out the pest management activity, the licensed technician must either—\ndirectly supervise the trainee; or\nindirectly supervise the trainee if the technician is reasonably satisfied—\nthe trainee is competent enough to be indirectly supervised; and\nthe health and safety of the trainee or another person would not be endangered if the trainee were indirectly supervised.\nAlso, when carrying out the pest management activity with, and supervising, the pest management trainee, the licensed technician must—\nprovide directions, demonstrations, training and monitoring that are appropriate and relevant to the trainee; and\ntake all reasonable steps to ensure the trainee complies with the Act when carrying out the activity; and\ntake remedial action if—\nan emergency arises from the trainee carrying out the activity; or\nthe trainee has carried out the activity in a noncompliant way.\nIn this section—\ndirectly supervise , in relation to a pest management trainee, means the trainee is within the direct sight and hearing of the trainee’s supervisor when carrying out a pest management activity.\nindirectly supervise , in relation to a pest management trainee, means the trainee is unable to directly see or hear the trainee’s supervisor but is—\non the same site as the supervisor; and\ncan communicate with the supervisor using a communication device, including, for example, a phone or two-way radio.\ns 38 amd 2023 SL No. 163 s 15\n(sec.38-ssec.1) This section applies if— a pest management trainee is carrying out a pest management activity that the trainee is authorised under the Act to carry out under supervision; and a licensed technician is, under the technician’s licence, authorised to carry out the pest management activity; and the licensed technician is carrying out the pest management activity with, and supervising, the pest management trainee.\n(sec.38-ssec.2) While the pest management trainee is carrying out the pest management activity, the licensed technician must either— directly supervise the trainee; or indirectly supervise the trainee if the technician is reasonably satisfied— the trainee is competent enough to be indirectly supervised; and the health and safety of the trainee or another person would not be endangered if the trainee were indirectly supervised.\n(sec.38-ssec.3) Also, when carrying out the pest management activity with, and supervising, the pest management trainee, the licensed technician must— provide directions, demonstrations, training and monitoring that are appropriate and relevant to the trainee; and take all reasonable steps to ensure the trainee complies with the Act when carrying out the activity; and take remedial action if— an emergency arises from the trainee carrying out the activity; or the trainee has carried out the activity in a noncompliant way.\n(sec.38-ssec.4) In this section— directly supervise , in relation to a pest management trainee, means the trainee is within the direct sight and hearing of the trainee’s supervisor when carrying out a pest management activity. indirectly supervise , in relation to a pest management trainee, means the trainee is unable to directly see or hear the trainee’s supervisor but is— on the same site as the supervisor; and can communicate with the supervisor using a communication device, including, for example, a phone or two-way radio.\n- (a) a pest management trainee is carrying out a pest management activity that the trainee is authorised under the Act to carry out under supervision; and\n- (b) a licensed technician is, under the technician’s licence, authorised to carry out the pest management activity; and\n- (c) the licensed technician is carrying out the pest management activity with, and supervising, the pest management trainee.\n- (a) directly supervise the trainee; or\n- (b) indirectly supervise the trainee if the technician is reasonably satisfied— (i) the trainee is competent enough to be indirectly supervised; and (i) the health and safety of the trainee or another person would not be endangered if the trainee were indirectly supervised.\n- (i) the trainee is competent enough to be indirectly supervised; and\n- (i) the health and safety of the trainee or another person would not be endangered if the trainee were indirectly supervised.\n- (i) the trainee is competent enough to be indirectly supervised; and\n- (i) the health and safety of the trainee or another person would not be endangered if the trainee were indirectly supervised.\n- (a) provide directions, demonstrations, training and monitoring that are appropriate and relevant to the trainee; and\n- (b) take all reasonable steps to ensure the trainee complies with the Act when carrying out the activity; and\n- (c) take remedial action if— (i) an emergency arises from the trainee carrying out the activity; or (ii) the trainee has carried out the activity in a noncompliant way.\n- (i) an emergency arises from the trainee carrying out the activity; or\n- (ii) the trainee has carried out the activity in a noncompliant way.\n- (i) an emergency arises from the trainee carrying out the activity; or\n- (ii) the trainee has carried out the activity in a noncompliant way.\n- (a) on the same site as the supervisor; and\n- (b) can communicate with the supervisor using a communication device, including, for example, a phone or two-way radio.","sortOrder":48},{"sectionNumber":"sec.39","sectionType":"section","heading":"Changes affecting licence","content":"### sec.39 Changes affecting licence\n\nA licensed technician must notify the chief executive about any of the following changes as soon as practicable—\nif the technician was required to undergo a health assessment under section 90 of the Act when applying for the technician’s pest management licence—a change in a matter disclosed to the chief executive in the health assessment;\na change in the technician’s address or contact details;\na change in the address or contact details of a pest management business operated by the technician or by another person by whom the technician is employed;\nif the technician becomes an employee of an operator of a pest management business or changes employment to a different operator of a pest management business—the address and contact details of the business;\na change in the address of the place stated in the technician’s licence to be the place where the technician stores fumigants or pesticides under the licence.\ns 39 amd 2023 SL No. 163 s 16\n- (a) if the technician was required to undergo a health assessment under section 90 of the Act when applying for the technician’s pest management licence—a change in a matter disclosed to the chief executive in the health assessment;\n- (b) a change in the technician’s address or contact details;\n- (c) a change in the address or contact details of a pest management business operated by the technician or by another person by whom the technician is employed;\n- (d) if the technician becomes an employee of an operator of a pest management business or changes employment to a different operator of a pest management business—the address and contact details of the business;\n- (e) a change in the address of the place stated in the technician’s licence to be the place where the technician stores fumigants or pesticides under the licence.","sortOrder":49},{"sectionNumber":"pt.4","sectionType":"part","heading":"Requirements for carrying out pest management activities","content":"# Requirements for carrying out pest management activities","sortOrder":50},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":51},{"sectionNumber":"sec.40","sectionType":"section","heading":"Application of part— Act , s 91","content":"### sec.40 Application of part— Act , s 91\n\nFor section 91 (1) of the Act , this part prescribes requirements for a person (a qualified person ) authorised under section 54 (4) or 62 of the Act to carry out a pest management activity with a fumigant or pesticide, in relation to carrying out the pest management activity.\nSee section 91 (3) of the Act in relation to the matters to which the requirements under this chapter are subject.\nThis chapter does not apply in relation to persons authorised to carry out, or request or direct the carrying out of, a pest management activity under section 57 of the Act which relates to emergency orders.\n- 1 See section 91 (3) of the Act in relation to the matters to which the requirements under this chapter are subject.\n- 2 This chapter does not apply in relation to persons authorised to carry out, or request or direct the carrying out of, a pest management activity under section 57 of the Act which relates to emergency orders.","sortOrder":52},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Using fumigants or pesticides","content":"## Using fumigants or pesticides","sortOrder":53},{"sectionNumber":"sec.41","sectionType":"section","heading":"Compliance with approved label","content":"### sec.41 Compliance with approved label\n\nA qualified person must use a fumigant or pesticide for a pest management activity in accordance with the approved label of the fumigant or pesticide.","sortOrder":54},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Labels, containers and storage","content":"## Labels, containers and storage","sortOrder":55},{"sectionNumber":"sec.42","sectionType":"section","heading":"Using containers","content":"### sec.42 Using containers\n\nA qualified person must take all reasonable steps to ensure a container used by the person in relation to carrying out a pest management activity has the following characteristics—\nthe container is impervious to the fumigant or pesticide it contains;\nthe container does not react chemically with the fumigant or pesticide it contains;\nthe container does not physically interact with the fumigant or pesticide it contains in a way that may result in deterioration of the performance of the container;\nthe container can be securely closed;\nthe container is sufficiently durable to prevent it from breaking, or its contents from leaking or otherwise escaping, during ordinary handling, storage or transport;\nthe container is securely closed at all times unless a fumigant or pesticide is being put into, or taken from, the container;\nthe container is not a food or drink container or similar in colour, shape or appearance to a food or drink container.\nIn this section—\nfood or drink container means a container ordinarily used or supplied for use to hold food or drink.\n(sec.42-ssec.1) A qualified person must take all reasonable steps to ensure a container used by the person in relation to carrying out a pest management activity has the following characteristics— the container is impervious to the fumigant or pesticide it contains; the container does not react chemically with the fumigant or pesticide it contains; the container does not physically interact with the fumigant or pesticide it contains in a way that may result in deterioration of the performance of the container; the container can be securely closed; the container is sufficiently durable to prevent it from breaking, or its contents from leaking or otherwise escaping, during ordinary handling, storage or transport; the container is securely closed at all times unless a fumigant or pesticide is being put into, or taken from, the container; the container is not a food or drink container or similar in colour, shape or appearance to a food or drink container.\n(sec.42-ssec.2) In this section— food or drink container means a container ordinarily used or supplied for use to hold food or drink.\n- (a) the container is impervious to the fumigant or pesticide it contains;\n- (b) the container does not react chemically with the fumigant or pesticide it contains;\n- (c) the container does not physically interact with the fumigant or pesticide it contains in a way that may result in deterioration of the performance of the container;\n- (d) the container can be securely closed;\n- (e) the container is sufficiently durable to prevent it from breaking, or its contents from leaking or otherwise escaping, during ordinary handling, storage or transport;\n- (f) the container is securely closed at all times unless a fumigant or pesticide is being put into, or taken from, the container;\n- (g) the container is not a food or drink container or similar in colour, shape or appearance to a food or drink container.","sortOrder":56},{"sectionNumber":"sec.43","sectionType":"section","heading":"Labelling containers","content":"### sec.43 Labelling containers\n\nThis section applies in relation to a container used by a qualified person—\nin which a fumigant or pesticide is stored for future use; and\nthat does not have an approved label attached to it.\nThe qualified person must take all reasonable steps to ensure a label showing the following information is durably printed on, or securely attached to, the outside of the container—\nthe name by which the fumigant or pesticide is marketed or sold;\neach active constituent of the fumigant or pesticide in the container;\nthe strength of each active constituent expressed as—\nfor a liquid in a liquid preparation—the mass or volume of the active constituent in a stated volume of the preparation; or\nfor a liquid in a solid or semisolid preparation—the mass or volume of the active constituent in a stated mass of the preparation; or\nfor a solid or semisolid in a liquid preparation—the mass of the active constituent in a stated volume of the preparation; or\nfor a solid or semisolid in a solid or semisolid preparation—the mass of the active constituent in a stated mass of the preparation; or\nfor a gas in a liquid preparation—the mass of the active constituent in a stated volume of the preparation; or\nfor a gas in a solid or semisolid preparation—the mass of the active constituent in a stated mass of the preparation; or\nfor a gas in a gaseous preparation—the mass of the active constituent in a stated mass of the preparation.\n(sec.43-ssec.1) This section applies in relation to a container used by a qualified person— in which a fumigant or pesticide is stored for future use; and that does not have an approved label attached to it.\n(sec.43-ssec.2) The qualified person must take all reasonable steps to ensure a label showing the following information is durably printed on, or securely attached to, the outside of the container— the name by which the fumigant or pesticide is marketed or sold; each active constituent of the fumigant or pesticide in the container; the strength of each active constituent expressed as— for a liquid in a liquid preparation—the mass or volume of the active constituent in a stated volume of the preparation; or for a liquid in a solid or semisolid preparation—the mass or volume of the active constituent in a stated mass of the preparation; or for a solid or semisolid in a liquid preparation—the mass of the active constituent in a stated volume of the preparation; or for a solid or semisolid in a solid or semisolid preparation—the mass of the active constituent in a stated mass of the preparation; or for a gas in a liquid preparation—the mass of the active constituent in a stated volume of the preparation; or for a gas in a solid or semisolid preparation—the mass of the active constituent in a stated mass of the preparation; or for a gas in a gaseous preparation—the mass of the active constituent in a stated mass of the preparation.\n- (a) in which a fumigant or pesticide is stored for future use; and\n- (b) that does not have an approved label attached to it.\n- (a) the name by which the fumigant or pesticide is marketed or sold;\n- (b) each active constituent of the fumigant or pesticide in the container;\n- (c) the strength of each active constituent expressed as— (i) for a liquid in a liquid preparation—the mass or volume of the active constituent in a stated volume of the preparation; or (ii) for a liquid in a solid or semisolid preparation—the mass or volume of the active constituent in a stated mass of the preparation; or (iii) for a solid or semisolid in a liquid preparation—the mass of the active constituent in a stated volume of the preparation; or (iv) for a solid or semisolid in a solid or semisolid preparation—the mass of the active constituent in a stated mass of the preparation; or (v) for a gas in a liquid preparation—the mass of the active constituent in a stated volume of the preparation; or (vi) for a gas in a solid or semisolid preparation—the mass of the active constituent in a stated mass of the preparation; or (vii) for a gas in a gaseous preparation—the mass of the active constituent in a stated mass of the preparation.\n- (i) for a liquid in a liquid preparation—the mass or volume of the active constituent in a stated volume of the preparation; or\n- (ii) for a liquid in a solid or semisolid preparation—the mass or volume of the active constituent in a stated mass of the preparation; or\n- (iii) for a solid or semisolid in a liquid preparation—the mass of the active constituent in a stated volume of the preparation; or\n- (iv) for a solid or semisolid in a solid or semisolid preparation—the mass of the active constituent in a stated mass of the preparation; or\n- (v) for a gas in a liquid preparation—the mass of the active constituent in a stated volume of the preparation; or\n- (vi) for a gas in a solid or semisolid preparation—the mass of the active constituent in a stated mass of the preparation; or\n- (vii) for a gas in a gaseous preparation—the mass of the active constituent in a stated mass of the preparation.\n- (i) for a liquid in a liquid preparation—the mass or volume of the active constituent in a stated volume of the preparation; or\n- (ii) for a liquid in a solid or semisolid preparation—the mass or volume of the active constituent in a stated mass of the preparation; or\n- (iii) for a solid or semisolid in a liquid preparation—the mass of the active constituent in a stated volume of the preparation; or\n- (iv) for a solid or semisolid in a solid or semisolid preparation—the mass of the active constituent in a stated mass of the preparation; or\n- (v) for a gas in a liquid preparation—the mass of the active constituent in a stated volume of the preparation; or\n- (vi) for a gas in a solid or semisolid preparation—the mass of the active constituent in a stated mass of the preparation; or\n- (vii) for a gas in a gaseous preparation—the mass of the active constituent in a stated mass of the preparation.","sortOrder":57},{"sectionNumber":"sec.44","sectionType":"section","heading":"Storage on vehicle","content":"### sec.44 Storage on vehicle\n\nA qualified person must pack or place a fumigant or pesticide stored or transported in a vehicle in a way that prevents, to the extent reasonably practicable—\nany damage to the packaging of the fumigant or pesticide; and\nany leakage or escape of the fumigant or pesticide.\nA qualified person must take all reasonable steps to prevent another person from accessing a vehicle in which a fumigant or pesticide is stored or transported by the qualified person unless—\nthe other person is an adult or an approved person mentioned in schedule 1 , section 27 or 29 ; or\nthe qualified person has given permission for the access.\n(sec.44-ssec.1) A qualified person must pack or place a fumigant or pesticide stored or transported in a vehicle in a way that prevents, to the extent reasonably practicable— any damage to the packaging of the fumigant or pesticide; and any leakage or escape of the fumigant or pesticide.\n(sec.44-ssec.2) A qualified person must take all reasonable steps to prevent another person from accessing a vehicle in which a fumigant or pesticide is stored or transported by the qualified person unless— the other person is an adult or an approved person mentioned in schedule 1 , section 27 or 29 ; or the qualified person has given permission for the access.\n- (a) any damage to the packaging of the fumigant or pesticide; and\n- (b) any leakage or escape of the fumigant or pesticide.\n- (a) the other person is an adult or an approved person mentioned in schedule 1 , section 27 or 29 ; or\n- (b) the qualified person has given permission for the access.","sortOrder":58},{"sectionNumber":"sec.45","sectionType":"section","heading":"Storage generally","content":"### sec.45 Storage generally\n\nA qualified person must, to the extent reasonably practicable, store a fumigant or pesticide not being used by the person at a place in a way that prevents all of the following—\ndamage to the packaging of the fumigant or pesticide;\nany leakage or escape of the fumigant or pesticide;\naccess to the fumigant or pesticide by another person who is not a qualified person.\n(sec.45-ssec) A qualified person must, to the extent reasonably practicable, store a fumigant or pesticide not being used by the person at a place in a way that prevents all of the following— damage to the packaging of the fumigant or pesticide; any leakage or escape of the fumigant or pesticide; access to the fumigant or pesticide by another person who is not a qualified person.\n- (a) damage to the packaging of the fumigant or pesticide;\n- (b) any leakage or escape of the fumigant or pesticide;\n- (c) access to the fumigant or pesticide by another person who is not a qualified person.","sortOrder":59},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Documentation","content":"## Documentation","sortOrder":60},{"sectionNumber":"sec.46","sectionType":"section","heading":"Records of use of fumigants or pesticides","content":"### sec.46 Records of use of fumigants or pesticides\n\nA qualified person must make a record stating each of the following matters for each pest management activity carried out by the person—\nthe date of the activity;\nthe address and a description of the place where the activity was carried out;\nif the activity was requested by a customer—the contact details of the customer;\nif the person is a licensed technician, or the carrying out of the activity by the person was supervised by a licensed technician—the technician’s licence number;\nthe following information about the fumigant or pesticide used for the activity—\nthe name by which the fumigant or pesticide is marketed or sold;\neach active constituent of the fumigant or pesticide and the strength and amount of each active constituent;\nfor a fumigant or a pesticide used for timber pests—the rate of application for the fumigant or pesticide.\nThe qualified person must make the record as soon as practicable, but no later than 24 hours, after the pest management activity is carried out.\nThe qualified person must—\nif the person is carrying out the pest management activity for another person who is a business operator—give the record, or a copy of the record, to the operator; or\notherwise—keep the record.\nA termite management certificate issued for a pest management activity is taken to be a record complying with subsection (1) .\nIn this section—\ntermite management certificate means a certificate of installation, or certificate of termite treatment, issued under a termite management standard for a pest management activity to which the standard applies.\ntermite management standard means each of the following—\nAS 3660.1 (Termite management: New building work);\nAS 3660.2 (Termite management: In and around existing buildings and structures);\nAS 3660.3 (Termite management: Assessment criteria for termite management systems).\n(sec.46-ssec.1) A qualified person must make a record stating each of the following matters for each pest management activity carried out by the person— the date of the activity; the address and a description of the place where the activity was carried out; if the activity was requested by a customer—the contact details of the customer; if the person is a licensed technician, or the carrying out of the activity by the person was supervised by a licensed technician—the technician’s licence number; the following information about the fumigant or pesticide used for the activity— the name by which the fumigant or pesticide is marketed or sold; each active constituent of the fumigant or pesticide and the strength and amount of each active constituent; for a fumigant or a pesticide used for timber pests—the rate of application for the fumigant or pesticide.\n(sec.46-ssec.2) The qualified person must make the record as soon as practicable, but no later than 24 hours, after the pest management activity is carried out.\n(sec.46-ssec.3) The qualified person must— if the person is carrying out the pest management activity for another person who is a business operator—give the record, or a copy of the record, to the operator; or otherwise—keep the record.\n(sec.46-ssec.4) A termite management certificate issued for a pest management activity is taken to be a record complying with subsection (1) .\n(sec.46-ssec.5) In this section— termite management certificate means a certificate of installation, or certificate of termite treatment, issued under a termite management standard for a pest management activity to which the standard applies. termite management standard means each of the following— AS 3660.1 (Termite management: New building work); AS 3660.2 (Termite management: In and around existing buildings and structures); AS 3660.3 (Termite management: Assessment criteria for termite management systems).\n- (a) the date of the activity;\n- (b) the address and a description of the place where the activity was carried out;\n- (c) if the activity was requested by a customer—the contact details of the customer;\n- (d) if the person is a licensed technician, or the carrying out of the activity by the person was supervised by a licensed technician—the technician’s licence number;\n- (e) the following information about the fumigant or pesticide used for the activity— (i) the name by which the fumigant or pesticide is marketed or sold; (ii) each active constituent of the fumigant or pesticide and the strength and amount of each active constituent; (iii) for a fumigant or a pesticide used for timber pests—the rate of application for the fumigant or pesticide.\n- (i) the name by which the fumigant or pesticide is marketed or sold;\n- (ii) each active constituent of the fumigant or pesticide and the strength and amount of each active constituent;\n- (iii) for a fumigant or a pesticide used for timber pests—the rate of application for the fumigant or pesticide.\n- (i) the name by which the fumigant or pesticide is marketed or sold;\n- (ii) each active constituent of the fumigant or pesticide and the strength and amount of each active constituent;\n- (iii) for a fumigant or a pesticide used for timber pests—the rate of application for the fumigant or pesticide.\n- (a) if the person is carrying out the pest management activity for another person who is a business operator—give the record, or a copy of the record, to the operator; or\n- (b) otherwise—keep the record.\n- (a) AS 3660.1 (Termite management: New building work);\n- (b) AS 3660.2 (Termite management: In and around existing buildings and structures);\n- (c) AS 3660.3 (Termite management: Assessment criteria for termite management systems).","sortOrder":61},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Incidents","content":"## Incidents","sortOrder":62},{"sectionNumber":"sec.47","sectionType":"section","heading":"Dealing with leakages or escapes","content":"### sec.47 Dealing with leakages or escapes\n\nThis section applies if a fumigant or pesticide in the possession of a qualified person leaks or escapes.\nThe qualified person must, as soon as practicable after becoming aware of the leakage or escape, take action to—\nstop the leakage or escape; and\nfor a fumigant—clean and decontaminate the area in which the leakage or escape has occurred to a concentration of the fumigant that is no more than the safe exposure concentration for the fumigant; and\nfor a pesticide—contain the pesticide and dispose of it lawfully.\n(sec.47-ssec.1) This section applies if a fumigant or pesticide in the possession of a qualified person leaks or escapes.\n(sec.47-ssec.2) The qualified person must, as soon as practicable after becoming aware of the leakage or escape, take action to— stop the leakage or escape; and for a fumigant—clean and decontaminate the area in which the leakage or escape has occurred to a concentration of the fumigant that is no more than the safe exposure concentration for the fumigant; and for a pesticide—contain the pesticide and dispose of it lawfully.\n- (a) stop the leakage or escape; and\n- (b) for a fumigant—clean and decontaminate the area in which the leakage or escape has occurred to a concentration of the fumigant that is no more than the safe exposure concentration for the fumigant; and\n- (c) for a pesticide—contain the pesticide and dispose of it lawfully.","sortOrder":63},{"sectionNumber":"sec.48","sectionType":"section","heading":"Disposal of containers","content":"### sec.48 Disposal of containers\n\nA qualified person must dispose of a container that has been, and is no longer being, used by the person for a fumigant or pesticide by—\ndoing both of the following—\nrinsing the container several times with water;\nrendering it useless, including, for example, by making holes in it; or\nif the container has been used for a fumigant—securely sealing the container and returning it to the person who supplied the fumigant; or\ndisposing of the container in another lawful way.\n- (a) doing both of the following— (i) rinsing the container several times with water; (ii) rendering it useless, including, for example, by making holes in it; or\n- (i) rinsing the container several times with water;\n- (ii) rendering it useless, including, for example, by making holes in it; or\n- (b) if the container has been used for a fumigant—securely sealing the container and returning it to the person who supplied the fumigant; or\n- (c) disposing of the container in another lawful way.\n- (i) rinsing the container several times with water;\n- (ii) rendering it useless, including, for example, by making holes in it; or","sortOrder":64},{"sectionNumber":"sec.49","sectionType":"section","heading":"Exposure, spillage or other release","content":"### sec.49 Exposure, spillage or other release\n\nThis section applies if—\na qualified person is carrying out a pest management activity; and\nan incident happens involving the exposure, spillage or other release of a fumigant or pesticide that is likely to require medical treatment.\nexposure of a member of the public to a fumigant or pesticide during application\nspillage of a pesticide at a residence\nThe qualified person must notify the chief executive, orally or in writing, about the occurrence of the incident.\nThe notification must—\nbe given to the chief executive as soon as practicable, and no later than 1 business day, after the incident; and\ninclude enough particulars to identify the incident, its nature and its location.\nIf the notification is given orally, the qualified person must give the chief executive a written notice of the notification within 7 days after the incident happened.\n(sec.49-ssec.1) This section applies if— a qualified person is carrying out a pest management activity; and an incident happens involving the exposure, spillage or other release of a fumigant or pesticide that is likely to require medical treatment. exposure of a member of the public to a fumigant or pesticide during application spillage of a pesticide at a residence\n(sec.49-ssec.2) The qualified person must notify the chief executive, orally or in writing, about the occurrence of the incident.\n(sec.49-ssec.3) The notification must— be given to the chief executive as soon as practicable, and no later than 1 business day, after the incident; and include enough particulars to identify the incident, its nature and its location.\n(sec.49-ssec.4) If the notification is given orally, the qualified person must give the chief executive a written notice of the notification within 7 days after the incident happened.\n- (a) a qualified person is carrying out a pest management activity; and\n- (b) an incident happens involving the exposure, spillage or other release of a fumigant or pesticide that is likely to require medical treatment. Examples of incidents— • exposure of a member of the public to a fumigant or pesticide during application • spillage of a pesticide at a residence\n- • exposure of a member of the public to a fumigant or pesticide during application\n- • spillage of a pesticide at a residence\n- • exposure of a member of the public to a fumigant or pesticide during application\n- • spillage of a pesticide at a residence\n- (a) be given to the chief executive as soon as practicable, and no later than 1 business day, after the incident; and\n- (b) include enough particulars to identify the incident, its nature and its location.","sortOrder":65},{"sectionNumber":"sec.50","sectionType":"section","heading":"Suspicious products","content":"### sec.50 Suspicious products\n\nA qualified person must notify the chief executive, orally or in writing, if the person is supplied with a fumigant or pesticide to which either of the following circumstances apply (each a suspicious product )—\nthe fumigant or pesticide is incorrectly labelled or does not have an approved label attached to it;\nthe person reasonably believes the fumigant or pesticide is contaminated or has a manufacturing fault.\nThe notification must be given as soon as practicable after the qualified person becomes aware of the suspicious product and include enough particulars to identify the product and its location.\nIf the notification is given orally, the qualified person must give the chief executive a written notice of the notification within 7 days after becoming aware of the suspicious product.\n(sec.50-ssec.1) A qualified person must notify the chief executive, orally or in writing, if the person is supplied with a fumigant or pesticide to which either of the following circumstances apply (each a suspicious product )— the fumigant or pesticide is incorrectly labelled or does not have an approved label attached to it; the person reasonably believes the fumigant or pesticide is contaminated or has a manufacturing fault.\n(sec.50-ssec.2) The notification must be given as soon as practicable after the qualified person becomes aware of the suspicious product and include enough particulars to identify the product and its location.\n(sec.50-ssec.3) If the notification is given orally, the qualified person must give the chief executive a written notice of the notification within 7 days after becoming aware of the suspicious product.\n- (a) the fumigant or pesticide is incorrectly labelled or does not have an approved label attached to it;\n- (b) the person reasonably believes the fumigant or pesticide is contaminated or has a manufacturing fault.","sortOrder":66},{"sectionNumber":"pt.4-div.6","sectionType":"division","heading":"Pest management trainees","content":"## Pest management trainees","sortOrder":67},{"sectionNumber":"sec.51","sectionType":"section","heading":"Record keeping","content":"### sec.51 Record keeping\n\nThis section applies to a qualified person who is a pest management trainee, in addition to section 46 .\nThe pest management trainee must make a record each time the trainee carries out a pest management activity that states—\nthe date on which the activity is carried out; and\na description of the activity carried out; and\nthe name of the trainee’s supervisor; and\nif the trainee is carrying out the activity for a business operator who is not the trainee’s supervisor—the contact details of the operator’s business.\nIf the pest management trainee is carrying out the pest management activity for a business operator, the trainee must give the record to the operator.\n(sec.51-ssec.1) This section applies to a qualified person who is a pest management trainee, in addition to section 46 .\n(sec.51-ssec.2) The pest management trainee must make a record each time the trainee carries out a pest management activity that states— the date on which the activity is carried out; and a description of the activity carried out; and the name of the trainee’s supervisor; and if the trainee is carrying out the activity for a business operator who is not the trainee’s supervisor—the contact details of the operator’s business.\n(sec.51-ssec.3) If the pest management trainee is carrying out the pest management activity for a business operator, the trainee must give the record to the operator.\n- (a) the date on which the activity is carried out; and\n- (b) a description of the activity carried out; and\n- (c) the name of the trainee’s supervisor; and\n- (d) if the trainee is carrying out the activity for a business operator who is not the trainee’s supervisor—the contact details of the operator’s business.","sortOrder":68},{"sectionNumber":"pt.5","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":69},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Business operators","content":"## Business operators","sortOrder":70},{"sectionNumber":"sec.52","sectionType":"section","heading":"Pest management trainees","content":"### sec.52 Pest management trainees\n\nA business operator must take all reasonable steps to ensure each pest management trainee employed by the operator—\nis supervised by a licensed technician while carrying out any pest management activity; and\nreceives training that is appropriate for the pest management activities carried out by the trainee and the trainee’s level of competency.\nMaximum penalty—20 penalty units.\n- (a) is supervised by a licensed technician while carrying out any pest management activity; and\n- (b) receives training that is appropriate for the pest management activities carried out by the trainee and the trainee’s level of competency.","sortOrder":71},{"sectionNumber":"sec.53","sectionType":"section","heading":"Equipping employees","content":"### sec.53 Equipping employees\n\nThis section applies if a business operator provides any equipment, document or vehicle to an employee of the operator for carrying out a pest management activity.\nThe business operator must take all reasonable steps to ensure the equipment, document or vehicle is suitable for carrying out the pest management activity.\nMaximum penalty—20 penalty units.\nIn this section—\nequipment includes containers, hoses, measuring tools, spray packs and spill kits.\n(sec.53-ssec.1) This section applies if a business operator provides any equipment, document or vehicle to an employee of the operator for carrying out a pest management activity.\n(sec.53-ssec.2) The business operator must take all reasonable steps to ensure the equipment, document or vehicle is suitable for carrying out the pest management activity. Maximum penalty—20 penalty units.\n(sec.53-ssec.3) In this section— equipment includes containers, hoses, measuring tools, spray packs and spill kits.","sortOrder":72},{"sectionNumber":"sec.54","sectionType":"section","heading":"Application of subdivision","content":"### sec.54 Application of subdivision\n\nThis subdivision applies to a business operator in relation to a pest management vehicle used by the operator, or provided by the operator to an employee of the operator, for carrying out a pest management activity.","sortOrder":73},{"sectionNumber":"sec.55","sectionType":"section","heading":"Containment of fumigants and pesticides","content":"### sec.55 Containment of fumigants and pesticides\n\nA business operator must take all reasonable steps to ensure a pest management vehicle used for a fumigant or pesticide that is a solid or liquid—\nhas a floor and walls that are impervious to the fumigant or pesticide; and\ncan contain a leakage or escape of the fumigant or pesticide.\nMaximum penalty—20 penalty units.\nA business operator must take all reasonable steps to ensure that a pest management vehicle used for a fumigant or pesticide that is a gas in a cylinder—\nis open to the air with unrestricted ventilation; or\nhas a vapour tight cabinet to enclose the cylinder that is vented to the outside of the vehicle; or\nis separated from the driving compartment of the vehicle by a barrier that is impervious to gas.\nMaximum penalty—20 penalty units.\nA business operator must take all reasonable steps to ensure that a pest management vehicle is able to be locked when the vehicle is unattended.\nMaximum penalty—20 penalty units.\n(sec.55-ssec.1) A business operator must take all reasonable steps to ensure a pest management vehicle used for a fumigant or pesticide that is a solid or liquid— has a floor and walls that are impervious to the fumigant or pesticide; and can contain a leakage or escape of the fumigant or pesticide. Maximum penalty—20 penalty units.\n(sec.55-ssec.2) A business operator must take all reasonable steps to ensure that a pest management vehicle used for a fumigant or pesticide that is a gas in a cylinder— is open to the air with unrestricted ventilation; or has a vapour tight cabinet to enclose the cylinder that is vented to the outside of the vehicle; or is separated from the driving compartment of the vehicle by a barrier that is impervious to gas. Maximum penalty—20 penalty units.\n(sec.55-ssec.3) A business operator must take all reasonable steps to ensure that a pest management vehicle is able to be locked when the vehicle is unattended. Maximum penalty—20 penalty units.\n- (a) has a floor and walls that are impervious to the fumigant or pesticide; and\n- (b) can contain a leakage or escape of the fumigant or pesticide.\n- (a) is open to the air with unrestricted ventilation; or\n- (b) has a vapour tight cabinet to enclose the cylinder that is vented to the outside of the vehicle; or\n- (c) is separated from the driving compartment of the vehicle by a barrier that is impervious to gas.","sortOrder":74},{"sectionNumber":"sec.56","sectionType":"section","heading":"Signage","content":"### sec.56 Signage\n\nA business operator must ensure the following information is printed on the exterior of a pest management vehicle in English in a way that can be easily read—\nthe contact details of the operator’s business;\nthe words ‘pest management vehicle’ or other words to clearly indicate the vehicle is used for pest management activities, unless this is otherwise clearly indicated in the name of the operator’s business.\nMaximum penalty—20 penalty units.\n- (a) the contact details of the operator’s business;\n- (b) the words ‘pest management vehicle’ or other words to clearly indicate the vehicle is used for pest management activities, unless this is otherwise clearly indicated in the name of the operator’s business.","sortOrder":75},{"sectionNumber":"sec.57","sectionType":"section","heading":"Secure storage","content":"### sec.57 Secure storage\n\nThis section applies to a business operator storing a fumigant or pesticide at a place for use for the operator’s pest management business.\nThe business operator must take all reasonable steps to ensure that the place has the following features—\nthe place is able to be locked when unattended;\nthe place has a floor and other surfaces that are impervious to the fumigant or pesticide;\nthe place is built in a way that any leakage or escape of the fumigant or pesticide is not likely to cause harm or nuisance to a person or the environment;\nthe place is adequately ventilated;\nthe place provides the fumigant or pesticide with protection from the weather;\nthe place is located in an area that is separated from a residence or another work area that is not used for pest management activities.\nMaximum penalty—20 penalty units.\n(sec.57-ssec.1) This section applies to a business operator storing a fumigant or pesticide at a place for use for the operator’s pest management business.\n(sec.57-ssec.2) The business operator must take all reasonable steps to ensure that the place has the following features— the place is able to be locked when unattended; the place has a floor and other surfaces that are impervious to the fumigant or pesticide; the place is built in a way that any leakage or escape of the fumigant or pesticide is not likely to cause harm or nuisance to a person or the environment; the place is adequately ventilated; the place provides the fumigant or pesticide with protection from the weather; the place is located in an area that is separated from a residence or another work area that is not used for pest management activities.\n- (a) the place is able to be locked when unattended;\n- (b) the place has a floor and other surfaces that are impervious to the fumigant or pesticide;\n- (c) the place is built in a way that any leakage or escape of the fumigant or pesticide is not likely to cause harm or nuisance to a person or the environment;\n- (d) the place is adequately ventilated;\n- (e) the place provides the fumigant or pesticide with protection from the weather;\n- (f) the place is located in an area that is separated from a residence or another work area that is not used for pest management activities.","sortOrder":76},{"sectionNumber":"sec.58","sectionType":"section","heading":"Business records","content":"### sec.58 Business records\n\nA business operator must keep a record of—\nthe address and contact details of each of the operator’s employees carrying out pest management activities; and\nany notifiable incidents reported to the chief executive under section 49 in relation to the operator’s pest management business.\nMaximum penalty—20 penalty units.\ns 58 amd 2023 SL No. 163 s 17\n- (a) the address and contact details of each of the operator’s employees carrying out pest management activities; and\n- (b) any notifiable incidents reported to the chief executive under section 49 in relation to the operator’s pest management business.","sortOrder":77},{"sectionNumber":"sec.59","sectionType":"section","heading":"Employee requirements about records","content":"### sec.59 Employee requirements about records\n\nThis section applies if an employee of a business operator is required, under this regulation, to make a record about a particular matter or give a particular record to the operator.\nThe business operator must—.\ntake all reasonable steps to ensure the employee complies with the requirement; and\nkeep any record given to the operator in compliance with the requirement.\nMaximum penalty—20 penalty units.\nIn this section—\nrecord means a certificate, notice, record or other document.\n(sec.59-ssec.1) This section applies if an employee of a business operator is required, under this regulation, to make a record about a particular matter or give a particular record to the operator.\n(sec.59-ssec.2) The business operator must—. take all reasonable steps to ensure the employee complies with the requirement; and keep any record given to the operator in compliance with the requirement. Maximum penalty—20 penalty units.\n(sec.59-ssec.3) In this section— record means a certificate, notice, record or other document.\n- (a) take all reasonable steps to ensure the employee complies with the requirement; and\n- (b) keep any record given to the operator in compliance with the requirement.","sortOrder":78},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Managers","content":"## Managers","sortOrder":79},{"sectionNumber":"sec.60","sectionType":"section","heading":"Manager of place to notify attendees of advice","content":"### sec.60 Manager of place to notify attendees of advice\n\nThis section applies to the manager of a place occupied or accessible by other persons ( attendees ), whether they are residents, workers or visitors of the place.\nIf the manager of the place receives a pre-treatment pest control advice for a pest control activity to be carried out at the place, the manager must give notice to the attendees of the matters stated in the advice as soon as practicable after receiving it.\nMaximum penalty—20 penalty units.\nIf the manager of the place receives a post-treatment pest control advice for a pest control activity that has been carried out at the place, the manager must, as soon as practicable after receiving the advice—\ngive the attendees notice of the matters stated in the advice; or\nmake the advice available for inspection at a place, and give the attendees notice of the place where, and the times when, the attendees may inspect the advice.\nMaximum penalty—20 penalty units.\nFor subsections (2) and (3) , the manager of the place may give the notice by leaving a copy of the relevant advice in a conspicuous location at the place.\nputting up a notice at the entrance to a building or in a lunch room\nIn this section—\nmanager , of a place, means a person responsible for controlling access to or managing the place, including, for example, a supervisor of a business, the owner of a building, a body corporate manager or a letting agent.\n(sec.60-ssec.1) This section applies to the manager of a place occupied or accessible by other persons ( attendees ), whether they are residents, workers or visitors of the place.\n(sec.60-ssec.2) If the manager of the place receives a pre-treatment pest control advice for a pest control activity to be carried out at the place, the manager must give notice to the attendees of the matters stated in the advice as soon as practicable after receiving it. Maximum penalty—20 penalty units.\n(sec.60-ssec.3) If the manager of the place receives a post-treatment pest control advice for a pest control activity that has been carried out at the place, the manager must, as soon as practicable after receiving the advice— give the attendees notice of the matters stated in the advice; or make the advice available for inspection at a place, and give the attendees notice of the place where, and the times when, the attendees may inspect the advice. Maximum penalty—20 penalty units.\n(sec.60-ssec.4) For subsections (2) and (3) , the manager of the place may give the notice by leaving a copy of the relevant advice in a conspicuous location at the place. putting up a notice at the entrance to a building or in a lunch room\n(sec.60-ssec.5) In this section— manager , of a place, means a person responsible for controlling access to or managing the place, including, for example, a supervisor of a business, the owner of a building, a body corporate manager or a letting agent.\n- (a) give the attendees notice of the matters stated in the advice; or\n- (b) make the advice available for inspection at a place, and give the attendees notice of the place where, and the times when, the attendees may inspect the advice.","sortOrder":80},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Record keeping","content":"## Record keeping","sortOrder":81},{"sectionNumber":"sec.61","sectionType":"section","heading":"Recording information","content":"### sec.61 Recording information\n\nThis section applies to a person who records information in writing to comply with a requirement under this regulation.\nwriting a clearance certificate for a fumigation activity or a pre-treatment or post-treatment pest control advice for a pest control activity\nThe person must ensure the information—\nis written in English; and\nif the information is recorded in hard copy—is marked legibly in ink.\nMaximum penalty—20 penalty units.\nHowever, subsection (2) (a) —\ndoes not prevent the person also writing the information in another language to help someone understand the information; and\ndoes not apply in relation to the person’s signature.\n(sec.61-ssec.1) This section applies to a person who records information in writing to comply with a requirement under this regulation. writing a clearance certificate for a fumigation activity or a pre-treatment or post-treatment pest control advice for a pest control activity\n(sec.61-ssec.2) The person must ensure the information— is written in English; and if the information is recorded in hard copy—is marked legibly in ink. Maximum penalty—20 penalty units.\n(sec.61-ssec.3) However, subsection (2) (a) — does not prevent the person also writing the information in another language to help someone understand the information; and does not apply in relation to the person’s signature.\n- (a) is written in English; and\n- (b) if the information is recorded in hard copy—is marked legibly in ink.\n- (a) does not prevent the person also writing the information in another language to help someone understand the information; and\n- (b) does not apply in relation to the person’s signature.","sortOrder":82},{"sectionNumber":"sec.62","sectionType":"section","heading":"Keeping records","content":"### sec.62 Keeping records\n\nThis section applies to a person if a provision of this regulation states the person is required to keep a record.\nThe person must take all reasonable steps to ensure the record—\nis readily retrievable; and\ncan not be altered, obliterated, deleted or removed without detection; and\nis kept for 5 years after the day it is recorded.\nMaximum penalty—20 penalty units.\nIn this section—\nrecord means a certificate, notice, record or other document.\n(sec.62-ssec.1) This section applies to a person if a provision of this regulation states the person is required to keep a record.\n(sec.62-ssec.2) The person must take all reasonable steps to ensure the record— is readily retrievable; and can not be altered, obliterated, deleted or removed without detection; and is kept for 5 years after the day it is recorded. Maximum penalty—20 penalty units.\n(sec.62-ssec.3) In this section— record means a certificate, notice, record or other document.\n- (a) is readily retrievable; and\n- (b) can not be altered, obliterated, deleted or removed without detection; and\n- (c) is kept for 5 years after the day it is recorded.","sortOrder":83},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":84},{"sectionNumber":"sec.63","sectionType":"section","heading":"Interfering with fumigation barricades or warning signs","content":"### sec.63 Interfering with fumigation barricades or warning signs\n\nA person must not, without the permission of a qualified person carrying out a fumigation activity—\ntake down, remove or alter the position of a barricade erected by the person for the activity; or\ndeface, take down, remove or alter the position of a warning sign displayed by the person for the activity.\nMaximum penalty—20 penalty units.\n- (a) take down, remove or alter the position of a barricade erected by the person for the activity; or\n- (b) deface, take down, remove or alter the position of a warning sign displayed by the person for the activity.","sortOrder":85},{"sectionNumber":"sec.64","sectionType":"section","heading":"Smoking prohibited","content":"### sec.64 Smoking prohibited\n\nA person must not smoke tobacco or any other substance in the vicinity of a fumigation activity being carried out.\nMaximum penalty—20 penalty units.","sortOrder":86},{"sectionNumber":"pt.6","sectionType":"part","heading":"Administration","content":"# Administration","sortOrder":87},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Fees","content":"## Fees","sortOrder":88},{"sectionNumber":"sec.65","sectionType":"section","heading":"Definition for division","content":"### sec.65 Definition for division\n\nIn this division—\nlicensing fee means a fee for an application relating to a pest management licence stated in schedule 2 , items 1 and 3.","sortOrder":89},{"sectionNumber":"sec.66","sectionType":"section","heading":"Fees payable generally","content":"### sec.66 Fees payable generally\n\nThe fees payable under the Act in relation to a pest management licence are stated in schedule 2 .\nA licensing fee for a pest management licence is payable for each year of the term of the licence.\nHowever, for any part of the term of a pest management licence that is not a full year, the licensing fee payable in relation to that part of the term is the proportion of the licensing fee attributable to the number of months, rounded up to whole months, of that year that are in the term.\n(sec.66-ssec.1) The fees payable under the Act in relation to a pest management licence are stated in schedule 2 .\n(sec.66-ssec.2) A licensing fee for a pest management licence is payable for each year of the term of the licence.\n(sec.66-ssec.3) However, for any part of the term of a pest management licence that is not a full year, the licensing fee payable in relation to that part of the term is the proportion of the licensing fee attributable to the number of months, rounded up to whole months, of that year that are in the term.","sortOrder":90},{"sectionNumber":"sec.67","sectionType":"section","heading":"Rejected or withdrawn application","content":"### sec.67 Rejected or withdrawn application\n\nThis section applies if—\nan applicant has paid the licensing fee for an application for a pest management licence; and\nthe application is refused by the chief executive or withdrawn by the applicant.\nThe chief executive must refund the applicant the licensing fee for the application.\n(sec.67-ssec.1) This section applies if— an applicant has paid the licensing fee for an application for a pest management licence; and the application is refused by the chief executive or withdrawn by the applicant.\n(sec.67-ssec.2) The chief executive must refund the applicant the licensing fee for the application.\n- (a) an applicant has paid the licensing fee for an application for a pest management licence; and\n- (b) the application is refused by the chief executive or withdrawn by the applicant.","sortOrder":91},{"sectionNumber":"sec.68","sectionType":"section","heading":"Licence granted for shorter term","content":"### sec.68 Licence granted for shorter term\n\nThis section applies if—\nan applicant has paid the licensing fee for an application for a pest management licence for a particular term (the proposed term ); and\nthe application is granted for a period (the granted term ) that is shorter than the proposed term.\nThe chief executive must refund the applicant the amount that is the proportion of the paid licensing fee attributable to the number of months, rounded up to whole months, that is the difference between the proposed term and granted term.\nNo refund is payable if the amount under subsection (2) is zero or less than zero.\n(sec.68-ssec.1) This section applies if— an applicant has paid the licensing fee for an application for a pest management licence for a particular term (the proposed term ); and the application is granted for a period (the granted term ) that is shorter than the proposed term.\n(sec.68-ssec.2) The chief executive must refund the applicant the amount that is the proportion of the paid licensing fee attributable to the number of months, rounded up to whole months, that is the difference between the proposed term and granted term.\n(sec.68-ssec.3) No refund is payable if the amount under subsection (2) is zero or less than zero.\n- (a) an applicant has paid the licensing fee for an application for a pest management licence for a particular term (the proposed term ); and\n- (b) the application is granted for a period (the granted term ) that is shorter than the proposed term.","sortOrder":92},{"sectionNumber":"sec.69","sectionType":"section","heading":"Surrender of licence","content":"### sec.69 Surrender of licence\n\nThis section applies if—\nthe holder of a pest management licence paid the licensing fee for an application for the licence for a particular term (the granted term ); and\nthe pest management licence is surrendered before the end of the granted term.\nThe chief executive must refund the applicant the amount that is the proportion of the paid licensing fee attributable to the number of months, rounded up to whole months, remaining in the granted term after the surrender.\nNo refund is payable if the amount under subsection (2) is zero or less than zero.\n(sec.69-ssec.1) This section applies if— the holder of a pest management licence paid the licensing fee for an application for the licence for a particular term (the granted term ); and the pest management licence is surrendered before the end of the granted term.\n(sec.69-ssec.2) The chief executive must refund the applicant the amount that is the proportion of the paid licensing fee attributable to the number of months, rounded up to whole months, remaining in the granted term after the surrender.\n(sec.69-ssec.3) No refund is payable if the amount under subsection (2) is zero or less than zero.\n- (a) the holder of a pest management licence paid the licensing fee for an application for the licence for a particular term (the granted term ); and\n- (b) the pest management licence is surrendered before the end of the granted term.","sortOrder":93},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":94},{"sectionNumber":"sec.70","sectionType":"section","heading":"Replacing lost, stolen or damaged licences","content":"### sec.70 Replacing lost, stolen or damaged licences\n\nThis section applies if the chief executive has given a person a hard copy document evidencing a pest management licence.\nThe person may apply to the chief executive for a replacement of the document if the document is lost, stolen or damaged.\nThe application must be—\nmade in the approved form; and\naccompanied by the fee stated in schedule 2 .\n(sec.70-ssec.1) This section applies if the chief executive has given a person a hard copy document evidencing a pest management licence.\n(sec.70-ssec.2) The person may apply to the chief executive for a replacement of the document if the document is lost, stolen or damaged.\n(sec.70-ssec.3) The application must be— made in the approved form; and accompanied by the fee stated in schedule 2 .\n- (a) made in the approved form; and\n- (b) accompanied by the fee stated in schedule 2 .","sortOrder":95},{"sectionNumber":"pt.7","sectionType":"part","heading":"Savings and transitional provisions","content":"# Savings and transitional provisions","sortOrder":96},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Transitional provisions for SL No. 142 of 2021","content":"## Transitional provisions for SL No. 142 of 2021","sortOrder":97},{"sectionNumber":"sec.71","sectionType":"section","heading":"Particular persons approved for 1 year","content":"### sec.71 Particular persons approved for 1 year\n\nThis section applies to a person in relation to a pest management activity if—\nthe Pest Management Act, immediately before its repeal, did not apply to the person carrying out the activity because of a former relevant provision; and\nfrom the commencement, the person would be a member of a relevant class of person but for the person not having a statement of attainment or the training mentioned in the description of the relevant class.\nDespite not having the statement of attainment or training, the person is taken to be a member of the relevant class of person until the day that is 1 year after the commencement.\nIn this section—\nformer relevant provision means the Pest Management Act, section 7(b), (c) or (d), as in force immediately before the repeal of that Act.\nPest Management Act means the repealed Pest Management Act 2001 .\nrelevant class of person means a class of person mentioned in schedule 1, parts 3, 5 or 8.\n(sec.71-ssec.1) This section applies to a person in relation to a pest management activity if— the Pest Management Act, immediately before its repeal, did not apply to the person carrying out the activity because of a former relevant provision; and from the commencement, the person would be a member of a relevant class of person but for the person not having a statement of attainment or the training mentioned in the description of the relevant class.\n(sec.71-ssec.2) Despite not having the statement of attainment or training, the person is taken to be a member of the relevant class of person until the day that is 1 year after the commencement.\n(sec.71-ssec.3) In this section— former relevant provision means the Pest Management Act, section 7(b), (c) or (d), as in force immediately before the repeal of that Act. Pest Management Act means the repealed Pest Management Act 2001 . relevant class of person means a class of person mentioned in schedule 1, parts 3, 5 or 8.\n- (a) the Pest Management Act, immediately before its repeal, did not apply to the person carrying out the activity because of a former relevant provision; and\n- (b) from the commencement, the person would be a member of a relevant class of person but for the person not having a statement of attainment or the training mentioned in the description of the relevant class.","sortOrder":98},{"sectionNumber":"sec.72","sectionType":"section","heading":"Existing pest control advices","content":"### sec.72 Existing pest control advices\n\nThis section applies in relation to a pest control advice under the repealed Pest Management Regulation 2003 , section 13 if—\nthe advice was given by a licensed technician to a person for a pest control activity before the commencement; and\nthe pest control activity was not completed immediately before the commencement.\nThe licensed technician is taken to have satisfied both of the following conditions in relation to carrying out the pest control activity—\nthe condition mentioned in section 13 for giving a pre-treatment pest control advice;\nthe condition mentioned in section 15 for giving a post-treatment pest control advice.\n(sec.72-ssec.1) This section applies in relation to a pest control advice under the repealed Pest Management Regulation 2003 , section 13 if— the advice was given by a licensed technician to a person for a pest control activity before the commencement; and the pest control activity was not completed immediately before the commencement.\n(sec.72-ssec.2) The licensed technician is taken to have satisfied both of the following conditions in relation to carrying out the pest control activity— the condition mentioned in section 13 for giving a pre-treatment pest control advice; the condition mentioned in section 15 for giving a post-treatment pest control advice.\n- (a) the advice was given by a licensed technician to a person for a pest control activity before the commencement; and\n- (b) the pest control activity was not completed immediately before the commencement.\n- (a) the condition mentioned in section 13 for giving a pre-treatment pest control advice;\n- (b) the condition mentioned in section 15 for giving a post-treatment pest control advice.","sortOrder":99},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Transitional provision for Medicines and Poisons (Pest Management Activities) Amendment Regulation 2023","content":"## Transitional provision for Medicines and Poisons (Pest Management Activities) Amendment Regulation 2023","sortOrder":100},{"sectionNumber":"sec.73","sectionType":"section","heading":"Existing activity risk management plans","content":"### sec.73 Existing activity risk management plans\n\nThis section applies if—\nbefore the commencement, an activity risk management plan was prepared—\nthat complied with former section 19 for a pest control activity; or\nthat complied with former section 24 for a fumigation activity; and\nimmediately before the commencement, the activity had not been carried out.\nThe activity risk management plan is—\nif the plan was for a pest control activity—taken to be an activity risk management plan that complies with new sections 18 and 19; or\nif the plan was for a fumigation activity—taken to be an activity risk management plan that complies with new sections 23 and 24.\nIn this section—\nformer , for a provision of this regulation, means the section as in force immediately before the commencement.\nnew , for a provision of this regulation, means the section as in force from the commencement.\ns 73 ins 2023 SL No. 163 s 19\n(sec.73-ssec.1) This section applies if— before the commencement, an activity risk management plan was prepared— that complied with former section 19 for a pest control activity; or that complied with former section 24 for a fumigation activity; and immediately before the commencement, the activity had not been carried out.\n(sec.73-ssec.2) The activity risk management plan is— if the plan was for a pest control activity—taken to be an activity risk management plan that complies with new sections 18 and 19; or if the plan was for a fumigation activity—taken to be an activity risk management plan that complies with new sections 23 and 24.\n(sec.73-ssec.3) In this section— former , for a provision of this regulation, means the section as in force immediately before the commencement. new , for a provision of this regulation, means the section as in force from the commencement.\n- (a) before the commencement, an activity risk management plan was prepared— (i) that complied with former section 19 for a pest control activity; or (ii) that complied with former section 24 for a fumigation activity; and\n- (i) that complied with former section 19 for a pest control activity; or\n- (ii) that complied with former section 24 for a fumigation activity; and\n- (b) immediately before the commencement, the activity had not been carried out.\n- (i) that complied with former section 19 for a pest control activity; or\n- (ii) that complied with former section 24 for a fumigation activity; and\n- (a) if the plan was for a pest control activity—taken to be an activity risk management plan that complies with new sections 18 and 19; or\n- (b) if the plan was for a fumigation activity—taken to be an activity risk management plan that complies with new sections 23 and 24.","sortOrder":101},{"sectionNumber":"sec.74","sectionType":"section","heading":"Particular licensed technicians taken to hold competency for 1 year","content":"### sec.74 Particular licensed technicians taken to hold competency for 1 year\n\nThis section applies to a licensed technician who—\nimmediately before the commencement, held a licence stating the technician was authorised to carry out a pest control activity for a customer at a high-risk or sensitive place; and\nfrom the commencement, does not have the statement of attainment or training mentioned in section 18(2) or 20A.\nThe licensed technician is taken to hold the competency required under the section until the day that is 1 year after the commencement.\ns 74 ins 2023 SL No. 163 s 19\n(sec.74-ssec.1) This section applies to a licensed technician who— immediately before the commencement, held a licence stating the technician was authorised to carry out a pest control activity for a customer at a high-risk or sensitive place; and from the commencement, does not have the statement of attainment or training mentioned in section 18(2) or 20A.\n(sec.74-ssec.2) The licensed technician is taken to hold the competency required under the section until the day that is 1 year after the commencement.\n- (a) immediately before the commencement, held a licence stating the technician was authorised to carry out a pest control activity for a customer at a high-risk or sensitive place; and\n- (b) from the commencement, does not have the statement of attainment or training mentioned in section 18(2) or 20A.","sortOrder":102},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Aerial distributors","content":"# Aerial distributors","sortOrder":103},{"sectionNumber":"sch.1-pt.1-div.1","sectionType":"division","heading":"Commercial pilots","content":"## Commercial pilots","sortOrder":104},{"sectionNumber":"sch.1-sec.1","sectionType":"section","heading":"Class of person","content":"### sch.1-sec.1 Class of person\n\nA person who—\nholds a commercial pilot licence issued by CASA that is endorsed with an aerial application rating; and\nholds, or is employed by the holder of, an air operator’s certificate issued by CASA that is endorsed with an aerial application rating; and\nhas spraysafe accreditation issued by the Aerial Application Association of Australia Limited; and\nis employed to aerially distribute a pesticide.\n- (a) holds a commercial pilot licence issued by CASA that is endorsed with an aerial application rating; and\n- (b) holds, or is employed by the holder of, an air operator’s certificate issued by CASA that is endorsed with an aerial application rating; and\n- (c) has spraysafe accreditation issued by the Aerial Application Association of Australia Limited; and\n- (d) is employed to aerially distribute a pesticide.","sortOrder":105},{"sectionNumber":"sch.1-sec.2","sectionType":"section","heading":"Pest management activity authorised","content":"### sch.1-sec.2 Pest management activity authorised\n\nColumn 1\nPest management activity\nColumn 2\nFumigant or pesticide\nColumn 3\nScope of activity\n1\na pest control activity\na pesticide\nthe pest control activity is carried out by aerial distribution","sortOrder":106},{"sectionNumber":"sch.1-pt.1-div.2","sectionType":"division","heading":"Operators of remotely operated aircraft","content":"## Operators of remotely operated aircraft","sortOrder":107},{"sectionNumber":"sch.1-sec.3","sectionType":"section","heading":"Class of person","content":"### sch.1-sec.3 Class of person\n\nA person who—\nholds a remote pilot licence issued by CASA; and\nholds, or is employed by the holder of, a remotely piloted aircraft operator’s certificate issued by CASA; and\nhas either—\na statement of attainment stating the person has successfully completed the core pesticide competencies; or\nspraysafe accreditation issued by the Aerial Application Association of Australia Limited; and\nis employed to aerially distribute a pesticide.\n- (a) holds a remote pilot licence issued by CASA; and\n- (b) holds, or is employed by the holder of, a remotely piloted aircraft operator’s certificate issued by CASA; and\n- (c) has either— (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or (ii) spraysafe accreditation issued by the Aerial Application Association of Australia Limited; and\n- (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or\n- (ii) spraysafe accreditation issued by the Aerial Application Association of Australia Limited; and\n- (d) is employed to aerially distribute a pesticide.\n- (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or\n- (ii) spraysafe accreditation issued by the Aerial Application Association of Australia Limited; and","sortOrder":108},{"sectionNumber":"sch.1-sec.4","sectionType":"section","heading":"Pest management activity authorised","content":"### sch.1-sec.4 Pest management activity authorised\n\nColumn 1\nPest management activity\nColumn 2\nFumigant or pesticide\nColumn 3\nScope of activity\n1\na pest control activity\na pesticide\nthe pest control activity is carried out by aerial distribution","sortOrder":109},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Ground distributors","content":"# Ground distributors","sortOrder":110},{"sectionNumber":"sch.1-sec.5","sectionType":"section","heading":"Class of person","content":"### sch.1-sec.5 Class of person\n\nA person who—\nholds a commercial operator’s licence granted under the Agricultural Chemicals Distribution Control Act 1966 ; and\nholds, or is employed by the holder of—\nan aerial distribution contractor licence granted under the Agricultural Chemicals Distribution Control Act 1966 ; or\na ground distribution contractor’s licence granted under the Agricultural Chemicals Distribution Control Act 1966 ; and\nis employed to distribute a pesticide with ground equipment on land used for agricultural or horticultural purposes.\n- (a) holds a commercial operator’s licence granted under the Agricultural Chemicals Distribution Control Act 1966 ; and\n- (b) holds, or is employed by the holder of— (i) an aerial distribution contractor licence granted under the Agricultural Chemicals Distribution Control Act 1966 ; or (ii) a ground distribution contractor’s licence granted under the Agricultural Chemicals Distribution Control Act 1966 ; and\n- (i) an aerial distribution contractor licence granted under the Agricultural Chemicals Distribution Control Act 1966 ; or\n- (ii) a ground distribution contractor’s licence granted under the Agricultural Chemicals Distribution Control Act 1966 ; and\n- (c) is employed to distribute a pesticide with ground equipment on land used for agricultural or horticultural purposes.\n- (i) an aerial distribution contractor licence granted under the Agricultural Chemicals Distribution Control Act 1966 ; or\n- (ii) a ground distribution contractor’s licence granted under the Agricultural Chemicals Distribution Control Act 1966 ; and","sortOrder":111},{"sectionNumber":"sch.1-sec.6","sectionType":"section","heading":"Pest management activity authorised","content":"### sch.1-sec.6 Pest management activity authorised\n\nColumn 1\nPest management activity\nColumn 2\nFumigant or pesticide\nColumn 3\nScope of activity\n1\na pest control activity\na pesticide\nthe pest control activity is carried out by ground distribution on land used for agricultural or horticultural purposes","sortOrder":112},{"sectionNumber":"sch.1-pt.3","sectionType":"part","heading":"Commercial animal business operators and employees","content":"# Commercial animal business operators and employees","sortOrder":113},{"sectionNumber":"sch.1-pt.3-div.1","sectionType":"division","heading":"Business operators","content":"## Business operators","sortOrder":114},{"sectionNumber":"sch.1-sec.7","sectionType":"section","heading":"Class of person","content":"### sch.1-sec.7 Class of person\n\nA person who—\nhas—\na statement of attainment stating the person has successfully completed the core pesticide competencies; or\na statement of attainment stating the person has successfully completed the supervised pesticide competency; or\nsuccessfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and\nis operating a business to treat pests on commercial animals.\n- (a) has— (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or (ii) a statement of attainment stating the person has successfully completed the supervised pesticide competency; or (iii) successfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and\n- (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or\n- (ii) a statement of attainment stating the person has successfully completed the supervised pesticide competency; or\n- (iii) successfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and\n- (b) is operating a business to treat pests on commercial animals.\n- (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or\n- (ii) a statement of attainment stating the person has successfully completed the supervised pesticide competency; or\n- (iii) successfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and","sortOrder":115},{"sectionNumber":"sch.1-sec.8","sectionType":"section","heading":"Pest management activity authorised","content":"### sch.1-sec.8 Pest management activity authorised\n\nColumn 1\nPest management activity\nColumn 2\nFumigant or pesticide\nColumn 3\nScope of activity\n1\na pest control activity\na pesticide\nthe pest control activity is carried out to treat pests on a commercial animal; and\nif the person is in the class because of the supervised pesticide competency or equivalent training—the pest control activity is carried out under the supervision of a licensed technician","sortOrder":116},{"sectionNumber":"sch.1-pt.3-div.2","sectionType":"division","heading":"Employees","content":"## Employees","sortOrder":117},{"sectionNumber":"sch.1-sec.9","sectionType":"section","heading":"Class of person","content":"### sch.1-sec.9 Class of person\n\nA person who—\nhas—\na statement of attainment stating the person has successfully completed the core pesticide competencies; or\na statement of attainment stating the person has successfully completed the supervised pesticide competency; or\nsuccessfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and\nis employed by another person operating a business to treat pests on commercial animals.\n- (a) has— (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or (ii) a statement of attainment stating the person has successfully completed the supervised pesticide competency; or (iii) successfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and\n- (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or\n- (ii) a statement of attainment stating the person has successfully completed the supervised pesticide competency; or\n- (iii) successfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and\n- (b) is employed by another person operating a business to treat pests on commercial animals.\n- (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or\n- (ii) a statement of attainment stating the person has successfully completed the supervised pesticide competency; or\n- (iii) successfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and","sortOrder":118},{"sectionNumber":"sch.1-sec.10","sectionType":"section","heading":"Pest management activity authorised","content":"### sch.1-sec.10 Pest management activity authorised\n\nColumn 1\nPest management activity\nColumn 2\nFumigant or pesticide\nColumn 3\nScope of activity\n1\na pest control activity\na pesticide\nthe pest control activity is carried out to treat pests on a commercial animal; and\nif the person is in the class because of the supervised pesticide competency or equivalent training—the pest control activity is carried out under the supervision of a licensed technician","sortOrder":119},{"sectionNumber":"sch.1-pt.4","sectionType":"part","heading":"Domestic animal business operators and employees","content":"# Domestic animal business operators and employees","sortOrder":120},{"sectionNumber":"sch.1-pt.4-div.1","sectionType":"division","heading":"Business operators","content":"## Business operators","sortOrder":121},{"sectionNumber":"sch.1-sec.11","sectionType":"section","heading":"Class of person","content":"### sch.1-sec.11 Class of person\n\nA person who is operating a business to care for domestic animals.","sortOrder":122},{"sectionNumber":"sch.1-sec.12","sectionType":"section","heading":"Pest management activity authorised","content":"### sch.1-sec.12 Pest management activity authorised\n\nColumn 1\nPest management activity\nColumn 2\nFumigant or pesticide\nColumn 3\nScope of activity\n1\na pest control activity\na pesticide, other than an S7 substance\nthe pest control activity is carried out to treat pests on a domestic animal","sortOrder":123},{"sectionNumber":"sch.1-pt.4-div.2","sectionType":"division","heading":"Employees","content":"## Employees","sortOrder":124},{"sectionNumber":"sch.1-sec.13","sectionType":"section","heading":"Class of person","content":"### sch.1-sec.13 Class of person\n\nA person who is employed by another person operating a business to care for domestic animals.","sortOrder":125},{"sectionNumber":"sch.1-sec.14","sectionType":"section","heading":"Pest management activity authorised","content":"### sch.1-sec.14 Pest management activity authorised\n\nColumn 1\nPest management activity\nColumn 2\nFumigant or pesticide\nColumn 3\nScope of activity\n1\na pest control activity\na pesticide, other than an S7 substance\nthe pest control activity is carried out to treat pests on a domestic animal","sortOrder":126},{"sectionNumber":"sch.1-pt.5","sectionType":"part","heading":"Food product treatment business operators and employees","content":"# Food product treatment business operators and employees","sortOrder":127},{"sectionNumber":"sch.1-pt.5-div.1","sectionType":"division","heading":"Business operators","content":"## Business operators","sortOrder":128},{"sectionNumber":"sch.1-sec.15","sectionType":"section","heading":"Class of person","content":"### sch.1-sec.15 Class of person\n\nA person who—\nhas—\na statement of attainment stating the person has successfully completed the core pesticide competencies; or\na statement of attainment stating the person has successfully completed the supervised pesticide competency; or\nsuccessfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and\nis operating a business to treat pests on food products.\n- (a) has— (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or (ii) a statement of attainment stating the person has successfully completed the supervised pesticide competency; or (iii) successfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and\n- (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or\n- (ii) a statement of attainment stating the person has successfully completed the supervised pesticide competency; or\n- (iii) successfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and\n- (b) is operating a business to treat pests on food products.\n- (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or\n- (ii) a statement of attainment stating the person has successfully completed the supervised pesticide competency; or\n- (iii) successfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and","sortOrder":129},{"sectionNumber":"sch.1-sec.16","sectionType":"section","heading":"Pest management activity authorised","content":"### sch.1-sec.16 Pest management activity authorised\n\nColumn 1\nPest management activity\nColumn 2\nFumigant or pesticide\nColumn 3\nScope of activity\n1\na pest control activity\na pesticide\nthe pest control activity is carried out to treat a food product—\nafter the product has been harvested; and\nbefore the product is moved to another place for further processing or storage; and\nif the person is in the class because of the supervised pesticide competency or equivalent training—under the supervision of a licensed technician\nthe pest control activity is carried out to treat grains or seeds—\nat the place where the grains or seeds are used for the manufacture of food intended for consumption by animals; and\nif the person is in the class because of the supervised pesticide competency or equivalent training—under the supervision of a licensed technician","sortOrder":130},{"sectionNumber":"sch.1-pt.5-div.2","sectionType":"division","heading":"Employees","content":"## Employees","sortOrder":131},{"sectionNumber":"sch.1-sec.17","sectionType":"section","heading":"Class of person","content":"### sch.1-sec.17 Class of person\n\nA person who—\nhas—\na statement of attainment stating the person has successfully completed the core pesticide competencies; or\na statement of attainment stating the person has successfully completed the supervised pesticide competency; or\nsuccessfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and\nis employed by another person operating a business to treat pests on food products.\n- (a) has— (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or (ii) a statement of attainment stating the person has successfully completed the supervised pesticide competency; or (iii) successfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and\n- (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or\n- (ii) a statement of attainment stating the person has successfully completed the supervised pesticide competency; or\n- (iii) successfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and\n- (b) is employed by another person operating a business to treat pests on food products.\n- (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or\n- (ii) a statement of attainment stating the person has successfully completed the supervised pesticide competency; or\n- (iii) successfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and","sortOrder":132},{"sectionNumber":"sch.1-sec.18","sectionType":"section","heading":"Pest management activity authorised","content":"### sch.1-sec.18 Pest management activity authorised\n\nColumn 1\nPest management activity\nColumn 2\nFumigant or pesticide\nColumn 3\nScope of activity\n1\na pest control activity\na pesticide\nthe pest control activity is carried out to treat a food product—\nafter the product has been harvested; and\nbefore the product is moved to another place for further processing or storage; and\nif the person is in the class because of the supervised pesticide competency or equivalent training—under the supervision of a licensed technician\nthe pest control activity is carried out to treat grains or seeds—\nat the place where the grains or seeds are used for the manufacture of food intended for consumption by animals; and\nif the person is in the class because of the supervised pesticide competency or equivalent training—under the supervision of a licensed technician","sortOrder":133},{"sectionNumber":"sch.1-pt.6","sectionType":"part","heading":"State officers and assistants","content":"# State officers and assistants","sortOrder":134},{"sectionNumber":"sch.1-pt.6-div.1","sectionType":"division","heading":"Biosecurity officers","content":"## Biosecurity officers","sortOrder":135},{"sectionNumber":"sch.1-sec.19","sectionType":"section","heading":"Class of person","content":"### sch.1-sec.19 Class of person\n\nAn authorised officer under the Biosecurity Act 2014 .\nsch 1 s 19 sub 2023 SL No. 163 s 20 (3)","sortOrder":136},{"sectionNumber":"sch.1-sec.20","sectionType":"section","heading":"Pest management activity authorised","content":"### sch.1-sec.20 Pest management activity authorised\n\nColumn 1\nPest management activity\nColumn 2\nFumigant or pesticide\nColumn 3\nScope of activity\n1\na pest control activity\na pesticide, other than an S7 substance\nthe pest control activity is carried out for biosecurity matter that is a pest\nsch 1 s 20 sub 2023 SL No. 163 s 20 (3)","sortOrder":137},{"sectionNumber":"sch.1-pt.6-div.1A","sectionType":"division","heading":"Assistants to biosecurity officers","content":"## Assistants to biosecurity officers","sortOrder":138},{"sectionNumber":"sch.1-sec.20A","sectionType":"section","heading":"Class of person","content":"### sch.1-sec.20A Class of person\n\nA person who is directed by, or is helping, an authorised officer under the Biosecurity Act 2014 to treat or destroy biosecurity matter that is a pest.\nsch 1 s 20A ins 2023 SL No. 163 s 20 (3)","sortOrder":139},{"sectionNumber":"sch.1-sec.20B","sectionType":"section","heading":"Pest management activity authorised","content":"### sch.1-sec.20B Pest management activity authorised\n\nColumn 1\nPest management activity\nColumn 2\nFumigant or pesticide\nColumn 3\nScope of activity\n1\na pest control activity\na pesticide, other than an S7 substance\nthe pest control activity is carried out for the biosecurity matter—\nif the person is subject to a direction—in accordance with the direction; or\nif the person is helping an authorised officer—in the way agreed\nsch 1 s 20B ins 2023 SL No. 163 s 20 (3)","sortOrder":140},{"sectionNumber":"sch.1-pt.6-div.2","sectionType":"division","heading":"Public health officers","content":"## Public health officers","sortOrder":141},{"sectionNumber":"sch.1-sec.21","sectionType":"section","heading":"Class of person","content":"### sch.1-sec.21 Class of person\n\nAn authorised person under the Public Health Act 2005 who is authorised to take action in relation to a designated pest to which a prevention and control program under that Act relates.","sortOrder":142},{"sectionNumber":"sch.1-sec.22","sectionType":"section","heading":"Pest management activities authorised","content":"### sch.1-sec.22 Pest management activities authorised\n\nColumn 1\nPest management activities\nColumn 2\nFumigants or pesticides\nColumn 3\nScope of activity\n1\na pest control activity that is applying a briquette\na pesticide that is briquette containing not more than 18 grams of (S)-methoprene for each kilogram of briquette as the only active constituent\nthe pest control activity is carried out under the prevention and control program for treating a designated pest that is a vector mosquito\n2\na pest control activity that is applying a pellet\na pesticide that is a pellet containing not more than 40 grams of (S)-methoprene for each kilogram of pellet as the only active constituent\nthe pest control activity is carried out under the prevention and control program for treating a designated pest that is a vector mosquito\n3\na pest control activity that is setting an ovitrap\na pesticide that is an approved ovitrap\nthe pest control activity is carried out under the prevention and control program for treating a designated pest that is a vector mosquito","sortOrder":143},{"sectionNumber":"sch.1-pt.7","sectionType":"part","heading":"Teachers","content":"# Teachers","sortOrder":144},{"sectionNumber":"sch.1-sec.23","sectionType":"section","heading":"Class of person","content":"### sch.1-sec.23 Class of person\n\nA person who—\nhas a diploma or equivalent in relation to pest management or agricultural studies; and\nis teaching a course about pest management at a secondary school or tertiary institution.\n- (a) has a diploma or equivalent in relation to pest management or agricultural studies; and\n- (b) is teaching a course about pest management at a secondary school or tertiary institution.","sortOrder":145},{"sectionNumber":"sch.1-sec.24","sectionType":"section","heading":"Pest management activity authorised","content":"### sch.1-sec.24 Pest management activity authorised\n\nColumn 1\nPest management activity\nColumn 2 Fumigant or pesticide\nColumn 3\nScope of activity\n1\na pest management activity\na fumigant or pesticide\nthe pest management activity is carried out for teaching the course","sortOrder":146},{"sectionNumber":"sch.1-pt.8","sectionType":"part","heading":"Timber infrastructure contractors","content":"# Timber infrastructure contractors","sortOrder":147},{"sectionNumber":"sch.1-sec.25","sectionType":"section","heading":"Class of person","content":"### sch.1-sec.25 Class of person\n\nA person who—\nhas—\na statement of attainment stating the person has successfully completed the core pesticide competencies; or\na statement of attainment stating the person has successfully completed the applying pesticides competency; or\nsuccessfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and\nis employed to treat timber infrastructure for pests.\n- (a) has— (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or (ii) a statement of attainment stating the person has successfully completed the applying pesticides competency; or (iii) successfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and\n- (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or\n- (ii) a statement of attainment stating the person has successfully completed the applying pesticides competency; or\n- (iii) successfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and\n- (b) is employed to treat timber infrastructure for pests.\n- (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or\n- (ii) a statement of attainment stating the person has successfully completed the applying pesticides competency; or\n- (iii) successfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and","sortOrder":148},{"sectionNumber":"sch.1-sec.26","sectionType":"section","heading":"Pest management activities authorised","content":"### sch.1-sec.26 Pest management activities authorised\n\nColumn 1\nPest management activity\nColumn 2\nFumigant or pesticide\nColumn 3\nScope of activity\n1\na pest control activity\na pesticide\nthe pest control activity is carried out to treat timber infrastructure for pests","sortOrder":149},{"sectionNumber":"sch.1-pt.9","sectionType":"part","heading":"Trainees","content":"# Trainees","sortOrder":150},{"sectionNumber":"sch.1-pt.9-div.1","sectionType":"division","heading":"Pest management trainees","content":"## Pest management trainees","sortOrder":151},{"sectionNumber":"sch.1-sec.27","sectionType":"section","heading":"Class of person","content":"### sch.1-sec.27 Class of person\n\nA person who is undertaking a course about pest management that would enable the person to obtain a qualification in pest management.","sortOrder":152},{"sectionNumber":"sch.1-sec.28","sectionType":"section","heading":"Pest management activities authorised","content":"### sch.1-sec.28 Pest management activities authorised\n\nColumn 1\nPest management activity\nColumn 2\nFumigant or pesticide\nColumn 3\nScope of activity\n1\na pest management activity\na fumigant or pesticide\nthe pest management activity is carried out under the supervision of a licensed technician, or an approved person mentioned in part 7 , authorised under the Act to carry out the activity with the fumigant or pesticide\nsch 1 s 28 amd 2023 SL No. 163 s 20 (5)","sortOrder":153},{"sectionNumber":"sch.1-pt.9-div.2","sectionType":"division","heading":"Other trainees","content":"## Other trainees","sortOrder":154},{"sectionNumber":"sch.1-sec.29","sectionType":"section","heading":"Class of person","content":"### sch.1-sec.29 Class of person\n\nA person who is—\nundertaking training to become a member of a class of persons mentioned in parts 1 to 3 , 5 , 7 , 8 or part 11 , division 1 (the trainee’s class ); and\nemployed in the same way, or practising the same profession, as described in the trainee’s class.\n- (a) undertaking training to become a member of a class of persons mentioned in parts 1 to 3 , 5 , 7 , 8 or part 11 , division 1 (the trainee’s class ); and\n- (b) employed in the same way, or practising the same profession, as described in the trainee’s class.","sortOrder":155},{"sectionNumber":"sch.1-sec.30","sectionType":"section","heading":"Pest management activity authorised","content":"### sch.1-sec.30 Pest management activity authorised\n\nColumn 1\nPest management activity\nColumn 2\nFumigant or pesticide\nColumn 3\nScope of activity\n1\na pest management activity mentioned in the table for the trainee’s class\na fumigant or pesticide mentioned in the table for the pest management activity for the trainee’s class\nthe pest management activity is carried out under the supervision of a person authorised under the Act to carry out the activity with the fumigant or pesticide","sortOrder":156},{"sectionNumber":"sch.1-pt.10","sectionType":"part","heading":"QBCC licensees for termite management","content":"# QBCC licensees for termite management","sortOrder":157},{"sectionNumber":"sch.1-pt.10-div.1","sectionType":"division","heading":"Licensees","content":"## Licensees","sortOrder":158},{"sectionNumber":"sch.1-sec.31","sectionType":"section","heading":"Class of person","content":"### sch.1-sec.31 Class of person\n\nA person who—\nholds a QBCC licence of the termite management class; and\nis employed to construct, extend or renovate a building or other structure.\n- (a) holds a QBCC licence of the termite management class; and\n- (b) is employed to construct, extend or renovate a building or other structure.","sortOrder":159},{"sectionNumber":"sch.1-sec.32","sectionType":"section","heading":"Pest management activity authorised","content":"### sch.1-sec.32 Pest management activity authorised\n\nColumn 1\nPest management activity\nColumn 2\nFumigant or pesticide\nColumn 3\nScope of activity\n1\na pest control activity that is installing a physical termite barrier\na pesticide that is termite barrier sheet material\nthe pest control activity is carried out during the construction, extension or renovation of a building or other structure","sortOrder":160},{"sectionNumber":"sch.1-pt.10-div.2","sectionType":"division","heading":"Persons supervised by licensees","content":"## Persons supervised by licensees","sortOrder":161},{"sectionNumber":"sch.1-sec.33","sectionType":"section","heading":"Class of person","content":"### sch.1-sec.33 Class of person\n\nA person who is—\nsupervised by a person holding a QBCC licence of the termite management class; and\nemployed to construct, extend or renovate a building or other structure.\n- (a) supervised by a person holding a QBCC licence of the termite management class; and\n- (b) employed to construct, extend or renovate a building or other structure.","sortOrder":162},{"sectionNumber":"sch.1-sec.34","sectionType":"section","heading":"Pest management activity authorised","content":"### sch.1-sec.34 Pest management activity authorised\n\nColumn 1\nPest management activity\nColumn 2\nFumigant or pesticide\nColumn 3\nScope of activity\n1\na pest control activity that is installing a physical termite barrier\na pesticide that is termite barrier sheet material\nthe pest control activity is carried out during the construction, extension or renovation of a building or other structure","sortOrder":163},{"sectionNumber":"sch.1-pt.11","sectionType":"part","heading":"Veterinary professions","content":"# Veterinary professions","sortOrder":164},{"sectionNumber":"sch.1-pt.11-div.1","sectionType":"division","heading":"Veterinary surgeons","content":"## Veterinary surgeons","sortOrder":165},{"sectionNumber":"sch.1-sec.35","sectionType":"section","heading":"Class of person","content":"### sch.1-sec.35 Class of person\n\nA veterinary surgeon.","sortOrder":166},{"sectionNumber":"sch.1-sec.36","sectionType":"section","heading":"Pest management activity authorised","content":"### sch.1-sec.36 Pest management activity authorised\n\nColumn 1\nPest management activity\nColumn 2\nFumigant or pesticide\nColumn 3\nScope of activity\n1\na pest control activity\na pesticide\nthe pest control activity is carried out for treating a pest on an animal","sortOrder":167},{"sectionNumber":"sch.1-pt.11-div.2","sectionType":"division","heading":"Veterinary assistants","content":"## Veterinary assistants","sortOrder":168},{"sectionNumber":"sch.1-sec.37","sectionType":"section","heading":"Class of person","content":"### sch.1-sec.37 Class of person\n\nA person employed by, or volunteering to assist, a veterinary surgeon.","sortOrder":169},{"sectionNumber":"sch.1-sec.38","sectionType":"section","heading":"Pest management activity authorised","content":"### sch.1-sec.38 Pest management activity authorised\n\nColumn 1\nPest management activity\nColumn 2\nFumigant or pesticide\nColumn 3\nScope of activity\n1\na pest control activity\na pesticide, other than an S7 substance\nthe pest control activity is carried out for treating a pest on an animal","sortOrder":170}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The regulation appears to have remained consistent with its original intent — regulating pest management activities (pest control and fumigation) carried out by licensed technicians and the businesses that employ them. The 2023 amendments refined and clarified existing provisions (such as adding a supervision requirement for high-risk/sensitive places in s.20A and updating the competency standard reference in s.8) rather than expanding into new subject matter. The scope remains focused on occupational licensing conditions, safety procedures, documentation obligations, and business operator duties within the pest management industry."},"complexity_factors":["Multiple interlocking regulatory layers — this regulation operates under a parent Act and cross-references another companion regulation (Poisons and Prohibited Substances Regulation 2021), requiring readers to consult multiple documents","Distinct regulatory regimes for different activity types (pest control vs. fumigation vs. high-risk/sensitive sites), each with separate procedural requirements","Layered authorisation framework — different classes of 'approved persons' have different scopes of permitted activity under Schedule 1, which is not reproduced in the main body","Technical chemical/scientific terminology throughout (safe exposure concentration, active constituents, retention period, exposure area, fumigation space) requiring specialist knowledge to apply correctly","Highly prescriptive documentation requirements with multiple mandatory documents (pre-treatment advice, post-treatment advice, activity risk management plans, fumigation notices, clearance certificates, records of use) each with detailed mandatory content lists","Interaction with Commonwealth law (Biosecurity Act 2015) creating compliance equivalency rules that require understanding of federal regulatory requirements","References to external standards (AS 3660.1, AS 3660.2, AS 3660.3) and an approved departmental competency standard that are not reproduced in the regulation itself","Amendments made in 2023 (SL No. 163) mean the current operative text differs from the original 2021 version, requiring careful version tracking"],"plain_english_summary":"This Queensland regulation prescribes detailed safety, training and record-keeping rules for licensed pest management technicians, trainees and the businesses that employ them. It requires written pre‑ and post‑treatment notices to customers, job records and incident reporting; strict risk plans, supervision, signage, monitoring and clearance for fumigations; secure vehicle and storage standards; and extra controls for sensitive sites. Non‑compliance attracts penalties. It matters to homeowners, bystanders near fumigations and anyone working in the pest management industry."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulation alters regulatory coverage and duties compared with prior arrangements by (1) prescribing particular substances as fumigants and prescribing/excluding specific organisms as pests (sec.5–6); (2) defining numerous authorised classes and scoped activities in schedule 1 so that different occupations have bespoke permissions and limits; and (3) introducing competency, supervision and planning rules for high‑risk places and fumigation sites (secs.18–20A, 23–24). Transitional provisions (secs.71–74 and sec.73 as inserted by the 2023 amendment) temporarily preserve or convert earlier approvals and competencies for specified persons for limited periods, effectively shifting who is within the regulatory perimeter and the timing for meeting new competency requirements."},"complexity_factors":["Extensive cross‑references to the Medicines and Poisons Act and other Commonwealth/State laws (multiple compliance layers)","Detailed operational and technical requirements for fumigation (inspection, sealing, ventilation, testing, release, clearance)","Multiple regulated roles with distinct obligations (licensed technicians, qualified persons, trainees, business operators, managers)","Granular record‑keeping, notification and retention rules with time limits (24 hours, 7 days, 5 years)","Schedule‑based authorisations that vary by class of person and activity (many categories and competency permutations)","Competency and training equivalence rules requiring statements of attainment or executive approval","Numerous offence provisions with specified maximum penalties (enforcement risk and compliance costs)","Transitional and amendment provisions preserving or modifying authorisations for limited periods","Technical thresholds and standards referenced but not numerically specified in the instrument (eg. safe exposure concentration, APVMA approval)","Administrative fee and refund mechanics tied to licence term calculations"],"plain_english_summary":"This regulation sets who may carry out pest management and fumigation work, prescribes certain substances as fumigants and certain organisms as pests or not pests, and requires specific training, supervision, notices, records, storage and safety steps for technicians, trainees, business operators and place managers. It creates operational duties (planning, barricading, testing, certification), licensing fees and retention obligations, and penalties for non‑compliance."},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.15(a)","severity":"medium","reasoning":"Section 15(1)(a) requires the notice be given prior to leaving an occupied place, but section 15(2) permits delivery by mail. Australia Post cannot deliver mail before a technician walks out the door. Electronic delivery is feasible, but the explicit inclusion of 'mail' as an option creates an impossible compliance pathway for occupied premises.","confidence":0.82,"description":"The post-treatment pest control advice must be given 'prior to leaving the place after carrying out the activity' if the place is occupied. However, the advice may be given 'by mail or electronically' (s.15(2)). If the place is occupied, giving notice by mail before physically leaving is logistically impossible — mail cannot be delivered instantaneously prior to departure."},{"type":"other","section":"sec.32(1)","severity":"low","reasoning":"The phrase 'more than 17 years' is an unusual and potentially ambiguous formulation. If a 17-year-old and 364-day-old person is present, they are technically 'more than 17 years' old. The intent appears to be adults (18+) but the drafting creates interpretive uncertainty at the margin.","confidence":0.72,"description":"The section requires 'at least 1 other person more than 17 years' to be physically present at the fumigation site. The phrase 'more than 17 years' is ambiguous — it likely means older than 17 (i.e., 18+), but grammatically it could mean a person aged more than 17 years old, which is simply anyone who has passed their 17th birthday, including 17-year-olds by one day. The standard legislative formulation would be 'at least 18 years of age'."},{"type":"self_contradicting","section":"sec.28(1)(d) and sec.28(2)","severity":"medium","reasoning":"The sealing requirement in s.28(1)(d) is safety-critical — it prevents fumigant escaping to harm people. The exemption for unsealed grain storage facilities effectively removes this protection in a class of large-scale fumigation scenarios, which seems to undermine the protective purpose of the section.","confidence":0.75,"description":"Section 28(1)(d) requires a technician to seal every opening through which fumigant could escape before introducing the fumigant. Section 28(2) then exempts grain storage facilities using methods 'designed for use in a grain storage facility that is not sealed.' This creates a logical circularity: the exemption applies to facilities 'not sealed,' but the main obligation is precisely to seal the facility. The regulation thus exempts the very scenario that most requires the protection the provision was designed to give."},{"type":"other","section":"sec.19(2)(a)","severity":"low","reasoning":"Where the preparer and technician are the same person, the plan identifies them under s.19(1)(a) by name and licence number only as the person 'carrying out the activity.' The preparer's details under s.19(1)(b) are only required if they are different people. The preparer's signature is still required, but the plan may not formally identify them in their capacity as preparer, creating a minor documentary inconsistency.","confidence":0.6,"description":"The activity risk management plan must include 'a statement by the preparer of the plan that the matters mentioned in this section have all been considered.' However, section 19(1)(b) only requires the preparer's contact details and licence number 'if that technician is not carrying out the activity.' Where the same technician both prepares and carries out the activity, the plan need not identify the preparer at all, yet the preparer must still sign a statement confirming all matters were considered — creating a document signed by an unidentified person."},{"type":"impossible_compliance","section":"sec.48(a)(i)","severity":"high","reasoning":"Ozone, CO2 and nitrogen are gaseous fumigants stored in cylinders. Rinsing such containers with water is not a meaningful decontamination step and could be hazardous. Section 48(b) provides an alternative for fumigant containers (return to supplier), but 48(a) is presented as a primary option alongside 48(b) and 48(c), meaning a person could purport to comply with 48(a) in relation to a gas cylinder — which is operationally nonsensical.","confidence":0.85,"description":"Section 48(a)(i) requires a qualified person to dispose of containers used for fumigants by 'rinsing the container several times with water.' However, several prescribed fumigants under section 5 — namely ozone, carbon dioxide, and nitrogen — are gases that cannot meaningfully be 'rinsed' from a container with water. Rinsing a gas cylinder with water is physically absurd and potentially dangerous (introducing water into pressurised gas equipment)."},{"type":"other","section":"sec.38(4) — definition of 'indirectly supervise'","severity":"low","reasoning":"The absence of any proximity or response-time requirement within 'indirect supervision' means a supervisor could be at the opposite end of a large site. The definition provides no minimum standard of supervisory effectiveness beyond being on 'the same site' and being reachable by phone — which could describe almost any employment relationship.","confidence":0.65,"description":"The definition of 'indirectly supervise' states the trainee 'is unable to directly see or hear the trainee's supervisor but is— (a) on the same site as the supervisor; and (b) can communicate with the supervisor using a communication device.' The use of 'is' in (b) instead of 'can' or 'is able to' creates a grammatical inconsistency (mixing 'is unable' with 'can'), but more substantively, 'on the same site' is undefined. A large industrial site could span kilometres, making 'indirect' supervision operationally equivalent to no supervision at all."},{"type":"other","section":"sec.5","severity":"medium","reasoning":"The definition is purpose-dependent: the substance is only a fumigant when used for a relevant activity. This means the same cylinder of CO2 may or may not be a regulated fumigant depending on the intent of the user, which is difficult to police and creates legal uncertainty for persons who use these substances in dual-purpose contexts.","confidence":0.7,"description":"Carbon dioxide and nitrogen are prescribed as fumigants only 'when prepared or used for an activity of a type mentioned in section 19(2) of the Act.' These substances exist ubiquitously in the atmosphere and are commonly used for many non-fumigation purposes (fire suppression, food packaging, welding). The regulation provides no mechanism to determine when an ordinary use of these substances crosses the threshold into being a 'fumigant,' creating an inherently uncertain compliance boundary."}],"contradictions":[{"severity":"low","section_a":"sec.13(1)","section_b":"sec.15(1)(a)","confidence":0.55,"description":"Section 13 requires pre-treatment advice to be given 'before starting' a pest control activity. Section 15(1)(a) requires post-treatment advice to be given 'prior to leaving the place' if it is occupied. For a very short pest control activity at an occupied place, a technician could theoretically be required to give both the pre-treatment and post-treatment advice simultaneously or in such rapid succession that the pre-treatment advice (intended to allow the customer to take precautions before treatment) serves no protective purpose."},{"severity":"medium","section_a":"sec.44(2)","section_b":"sec.45","confidence":0.8,"description":"Section 44(2) requires a qualified person to take 'all reasonable steps' to prevent another person from accessing a vehicle containing fumigants/pesticides unless the other person is 'an adult or an approved person mentioned in schedule 1, section 27 or 29' or the qualified person has given permission. Section 45 requires preventing 'access to the fumigant or pesticide by another person who is not a qualified person.' These provisions conflict: s.44(2) permits access by any adult (with or without qualifications), while s.45 restricts storage access to qualified persons only. A non-qualified adult could lawfully access a vehicle under s.44(2) but the same access at a storage place would breach s.45."},{"severity":"low","section_a":"sec.20A","section_b":"sec.18(2)","confidence":0.58,"description":"Section 18(2) requires the activity risk management plan for a high-risk or sensitive place pest control activity to be prepared by a licensed technician with the relevant competency. Section 20A requires the technician carrying out the activity to either hold that competency or be supervised by someone who does. However, s.20A does not require the plan preparer and the supervising technician to be the same person, nor does it require the carrying-out technician to have reviewed or agreed to the plan prepared under s.18. A technician could lawfully carry out an activity under a plan prepared by a different qualified technician while being supervised by yet a third technician, with no requirement for coordination between the plan preparer and the supervisor."},{"severity":"medium","section_a":"sec.25(3)","section_b":"sec.25(4)","confidence":0.78,"description":"Section 25(3) exempts a licensed technician from giving a fumigation notice (s.25(1)) if carrying out the activity 'in the course of the technician's employment by the owner or occupier of the site.' However, s.25(4) requires the technician to either give a copy of the fumigation notice to the business operator (if applicable) or keep a copy themselves. Where s.25(3) applies, no notice is created, yet s.25(4) — which is not explicitly disapplied by s.25(3) — would appear to still require a copy to be kept or given, which is impossible if no notice exists."},{"severity":"low","section_a":"sec.46(1)(e)(iii)","section_b":"sec.46(1)(e)(i)-(ii)","confidence":0.63,"description":"Section 46(1)(e) requires records of fumigant or pesticide use. Subsections (i) and (ii) require the marketed name and active constituents for all pest management activities. Subsection (iii) requires the rate of application only 'for a fumigant or a pesticide used for timber pests.' This creates an inconsistency where the rate of application — a critical safety and efficacy metric — is not required to be recorded for urban pest control activities, even though the pre-treatment and post-treatment advice requirements (ss.14, 16) and activity risk management plans (s.19) for those activities require extensive detail about pesticide use."},{"severity":"low","section_a":"sec.33(3)(b)","section_b":"sec.34(2)(a)","confidence":0.55,"description":"Section 33(3)(b) requires a technician who detects an unsafe leak to 'seal the space or equipment to prevent further unsafe leaks.' Section 34(2)(a) requires the technician, at the end of the retention period, to 'release the fumigant from the fumigation space.' If a leak was detected and the space was sealed under s.33(3)(b), the subsequent obligation to 'release' the fumigant under s.34 creates tension — the very sealing required by s.33 may impede or complicate the controlled release required by s.34, with no provision addressing how the two obligations interact."}]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2440},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulation remains focused on its original purpose: establishing the framework for pest management activities using fumigants and pesticides under the *Medicines and Poisons Act 2019*. While the 2023 amendments expanded the categories of 'approved persons' (e.g., adding assistants to biosecurity officers) and strengthened supervision requirements for high-risk places, these changes represent evolution within the core scope of regulating pest control safety and licensing, not a fundamental expansion into unrelated policy areas."},"complexity_factors":["Extensive cross-referencing to the parent Act (*Medicines and Poisons Act*), companion regulations (*Poisons and Prohibited Substances Regulation*), and other Queensland legislation (*Public Health Act 2005*, *Biosecurity Act 2014*)","Detailed prescriptive requirements in tabular format across multiple schedules (Schedule 1 lists 11 different approved classes of persons with specific eligibility criteria)","Highly technical specifications (e.g., warning signs must use red print, capital letters, minimum 50mm height, white background – section 30)","Conditional logic and nested exceptions (e.g., grain storage facilities exempt from sealing requirements – sections 28 and 33; different rules for occupied vs unoccupied premises – section 15)","Dual application structure distinguishing between 'licensed technicians' under the Act and 'approved persons' under the regulation","Transitional provisions spanning multiple amendment instruments (2021 commencement and 2023 amendments) with 'former' and 'new' section comparisons"],"plain_english_summary":"This regulation sets the rules for pest control work involving chemicals (pesticides and fumigants) in Queensland. It operates under the *Medicines and Poisons Act 2019*.\n\n**Who it affects:**\n- **Licensed pest technicians** – people with a pest management licence who must follow specific work conditions.\n- **Business operators** – companies employing pest controllers who must ensure vehicles, storage, and training meet safety standards.\n- **Approved persons** – specific categories of people who can do limited pest control without a full licence (e.g., commercial pilots spraying crops, vets treating animals, biosecurity officers, drone operators with the right qualifications, and trainees under supervision).\n- **Property managers** – people who must pass on safety advice to residents or workers when pest treatment occurs.\n\n**What it requires:**\n- **Competency:** Technicians must have formal qualifications (statements of attainment) or equivalent training approved by the chief executive.\n- **Customer safety:** Technicians must give written notice before starting work (pre-treatment advice) and after finishing (post-treatment advice), explaining what chemicals were used and safety precautions.\n- **High-risk locations:** For sensitive places (like schools or hospitals) or fumigation (gas treatment), technicians must prepare a detailed **activity risk management plan** and follow strict protocols.\n- **Fumigation rules:** Specific safety steps include erecting barricades, displaying warning signs with 50mm-high red lettering, having a buddy on site, testing for gas leaks, and issuing a **clearance certificate** before anyone can re-enter the area.\n- **Storage and transport:** Chemicals must be in proper containers, vehicles must be lockable and labeled, and storage areas must be secure and weatherproof.\n- **Record keeping:** Detailed records of every job must be kept for 5 years.\n- **Incident reporting:** Spills or exposures requiring medical treatment must be reported to the chief executive within one business day.\n\n**Why it matters:**\nThe regulation protects public health and safety by ensuring only qualified people handle dangerous poisons, mandating clear communication with customers about risks, and enforcing strict controls on high-risk activities like fumigation. It balances safety with practical needs by allowing certain professionals (like vets or agricultural pilots) to carry out limited pest control under specific conditions without needing a separate pest management licence."}},"importantCases":[],"_links":{"self":"/api/acts/medicines-and-poisons-pest-management-activities-regulation-2021","history":"/api/acts/medicines-and-poisons-pest-management-activities-regulation-2021/history","analysis":"/api/acts/medicines-and-poisons-pest-management-activities-regulation-2021/analysis","conflicts":"/api/acts/medicines-and-poisons-pest-management-activities-regulation-2021/conflicts","importantCases":"/api/acts/medicines-and-poisons-pest-management-activities-regulation-2021/important-cases","documents":"/api/acts/medicines-and-poisons-pest-management-activities-regulation-2021/documents"}}