18Offences involving use, &c., of chemical products

18 Offences involving use, &c., of chemical products

(1)  A person must not use or deal with a chemical product unless –

(a) it is registered under the Code and it is used or dealt with in accordance with a label approved under the Code in relation to that chemical product; or

(b) it is used or dealt with in accordance with a permit granted and in force under this Act or a permit issued and in force under the Code; or

(c) all the following subparagraphs apply:

(i) the chemical product was registered under the Code at the time it came into the person's possession;

(ii) the period beginning on the day when the chemical product ceased to be so registered and ending on the day when it was used is not longer than a period that the Registrar, after consultation with the NRA, has determined in relation to the chemical product for the purposes of this subparagraph;

(iii) the chemical product was acquired for use and not for supply;

(iv) a recall notice has not been issued by the NRA in respect of the chemical product;

(v) an order has not been made under this Act prohibiting the chemical product's use; or

(d) [Section 18 Subsection (1) amended by No. 90 of 2001, Sched. 6, Applied:01 Apr 2002] [Section 18 Subsection (1) amended by No. 14 of 2003, s. 4, Applied:09 May 2003] it is a veterinary chemical product prepared by –

(i) a veterinary surgeon; or

(ii) a registered pharmaceutical chemist acting in accordance with the instructions of a veterinary surgeon –

and is handled in accordance with an advice notice or label in the prescribed form.

Penalty:  Fine not exceeding 200 penalty units.

(1A)  [Section 18 Subsection (1A) inserted by No. 14 of 2003, s. 4, Applied:09 May 2003] If a chemical product is registered under the Code and is used –