129Regulations

129 Regulations (1) The Administrator may make regulations, not inconsistent with this Act, prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) The Regulations may deal with any of the following matters: (a) the prohibition or regulation of conduct relating to the manufacture, possession, sale or use of a chemical product, fertiliser or stockfood; (b) the records to be kept in relation to the manufacture, possession, sale or use of a chemical product, fertiliser or stockfood; (c) the handling of chemical products; (d) the testing of substances and things. (3) The Regulations may prescribe standards for any of the following: (a) chemical products, fertilisers or stockfoods, including: (i) the manufacture or sale of chemical products, fertilisers or stockfoods; (ii) competency in the handling of chemical products; and (iii) the application of agricultural chemical products or fertilisers through irrigation systems; (b) the concentration of substances in agricultural produce, fertilisers or stockfoods; (c) the accreditation of laboratories, including standards about sampling, analysis and testing of substances and things by accredited laboratories; (d) soil quality or water quality.

Agricultural and Veterinary Chemicals (Control of Use) Act 2004 78 (4) The Regulations may: (a) provide for the waiver (wholly or partly) of fees payable under this Act; (b) provide for the refund (wholly or partly) of fees paid under this Act; (c) apply, adopt or incorporate (with or without modification) a matter contained in another instrument as in force at a particular time or from time to time; (d) prescribe for an offence against the Regulations a fine not exceeding: (i) if the offender is a natural person – 100 penalty units; or (ii) if the offender is a body corporate – 500 penalty units; (e) provide for the enforcement of a code of practice, including by providing that a contravention of the code is an offence against the Regulations; (f) provide for an offence against this Act to be a regulatory offence; or (g) provide for the payment of a prescribed amount instead of a penalty that may otherwise be imposed for an offence against this Act, the service of a notice relating to payment of the amount on a person alleged to have committed the offence and the particulars to be included in the notice. (5) The Regulations may: (a) confer a discretion on the Chemicals Coordinator; (b) make different provision in relation to: (i) different persons or matters; or (ii) different classes of persons or matters; or (c) apply differently by reference to stated exceptions or factors.

Agricultural and Veterinary Chemicals (Control of Use) Act 2004 79