(1) In this Act, unless the contrary intention appears –
Advisory Committee means the Tasmanian Agricultural and Veterinary Chemicals Advisory Committee established under section 14 ;
aerial spraying means the spraying, spreading or dispersing of an agricultural chemical product from an aircraft in flight;
agricultural produce means any animal product or –
(a) any carcass, or part of a carcass, of an animal; or
(b) any plant or part of a plant, whether harvested or not; or
(c) any commodity obtained from a plant or an animal; or
(d) anything that is ordinarily used as, or manufactured into, food for humans or animals –
and includes any other commodity that is obtained from a plant or an animal and that is declared under subsection (3) to be agricultural produce;
agricultural spraying means the spraying, spreading or dispersing of an agricultural chemical product whether by hand or from any machine or piece of equipment, and includes aerial spraying;
aircraft means any machine, other than a hovercraft, that can derive support in the atmosphere from the reaction of the air but does not include a machine operated by remote control;
analyst means an analyst appointed and holding office under section 51 ;
animal product means –
(a) the hide, skin, hair, wool, feather, shell, horn, fin or hoof of an animal; or
(b) any part of the viscera of an animal; or
(c) any bone or blood of an animal or any article or substance derived from the bone or blood of an animal; or
(d) any article or substance derived from an animal whether or not in combination with any other article or substance;
approved insurance policy means a policy that is approved or belongs to a class of policy that is approved under section 36 ;
contaminant, in relation to stock or agricultural produce, means any residue of a chemical or chemical product in excess of the maximum residue limit or a metal in excess of the maximum permitted concentration or, if no such limit or concentration is declared, in excess of the level which may reasonably be expected to be detected in the stock or agricultural produce if not subjected to any specific source of the chemical or chemical product and includes a radioactive product;
contaminated –
(a) in relation to stock or agricultural produce, means stock or agricultural produce in or on which a contaminant is present; or
(b) in relation to a preparation or fitting, means a preparation or fitting which if used in the normal manner would cause or be likely to cause the presence of a contaminant in stock or agricultural produce;
contaminated produce notice means a notice issued and in force under section 42 ;
contaminated stock notice means a notice issued and in force under section 41 ;
Council means the Agricultural, Silvicultural and Veterinary Chemicals Council established under section 9 ;
deal with, in relation to a chemical product, includes store or dispose of the product;
Deputy Registrar means the Deputy Registrar of Chemical Products appointed under section 17 ;
destruction notice means a notice issued and in force under section 45 ;
fitting means any equipment or other thing used in the handling or keeping of stock;
inspector means a person appointed as an inspector under section 47 ;
[Section 3 Subsection (1) amended by No. 8 of 2003, Sched. 2, Applied:15 Oct 2003]maximum permitted concentration, in relation to a substance present in stock or agricultural produce, means the concentration that is set out in any code, standard, rule, specification or guideline adopted or incorporated by regulations made under the Food Act 2003 or declared under subsection (5) to be the maximum permitted concentration for that substance in relation to that stock or agricultural produce;
[Section 3 Subsection (1) amended by No. 8 of 2003, Sched. 2, Applied:15 Oct 2003]maximum residue limit, in relation to a substance present in stock or agricultural produce, means the level that is set out in any code, standard, rule, specification or guideline adopted or incorporated by regulations made under the Food Act 2003 or declared under subsection (5) to be the maximum residue limit for that substance in relation to that stock or agricultural produce;
operator, in relation to an aircraft, means –
(a) if the aircraft is subject to a hire-purchase agreement or a lease, the person in possession of the aircraft; or
(b) if the aircraft is borrowed for use (whether or not under a financial arrangement), the person borrowing the aircraft; or
premises use restriction notice means a notice issued under section 43 ;
preparation means any substance or mixture which, if it contained a chemical or chemical product, would cause or be likely to cause the presence of a contaminant in or on stock or agricultural produce;
Registrar means the Registrar of Chemical Products appointed under section 17 ;
Secretary means the Secretary of the Department;
stock means any animal of a food-producing species or any animal of which any part is used as, or which produces any product that is ordinarily used as, or manufactured into, fibre and any other animal declared under subsection (3) to be stock;
veterinary chemical product has the same meaning as in the Code except that, despite section 5 (4) of the Code, it includes –
(2) Unless the contrary intention appears, a word or expression used in the Code has the same meaning in this Act as it has in the Code.
(3) The Minister, by notice in the Gazette, may declare –
(a) a commodity, or a class of commodity, that is obtained from a plant or an animal to be agricultural produce; or
(b) an animal to be stock; or
(c) a substance to be a veterinary chemical product; or
(d) a substance not to be a veterinary chemical product.
(4) The Minister, by notice in the Gazette, may declare a product or substance, or a class of product or substance, which is not required to be registered under the Code to be a product or substance which is subject to this Act or such of the provisions of this Act as are specified in the order.
(5) The Minister, by notice in the Gazette, may declare concentrations or limits in relation to a prescribed substance present in stock or agricultural produce to be the maximum permitted concentration or the maximum residue limit for that substance in relation to that stock or agricultural produce.
(6) For the purposes of subsection (5) , prescribed substance, in relation to stock or agricultural produce, means –
(a) [Section 3 Subsection (6) amended by No. 8 of 2003, Sched. 2, Applied:15 Oct 2003] a substance in respect of which the maximum permitted concentration or the maximum residue limit in relation to that stock or agricultural produce has not been set out in any code, standard, rule, specification or guideline adopted or incorporated by regulations made under the Food Act 2003 ; or