53Prohibition and regulation of manufacture, possession, sale or

53 Prohibition and regulation of manufacture, possession, sale or use (1) The Minister may, by notice in the Gazette, prohibit or impose conditions on the manufacture, possession, sale or use of a chemical product, fertiliser or stockfood: (a) if satisfied that it is necessary to protect: (i) the health of the general public or the users of the chemical product, fertiliser or stockfood; (ii) the environment; or (iii) domestic or export trade in agricultural produce; and (b) despite that the chemical product, fertiliser or stockfood complies with the relevant standards prescribed by the Regulations for that chemical product, fertiliser or stockfood. (2) Before taking action under subsection (1), the Minister must: (a) if the action is proposed to be taken because of subsection (1)(a)(i) – consult with the minister primarily responsible for health; (b) if the action is proposed to be taken because of subsection (1)(a)(ii) – consult with the minister primarily responsible for the environment; and (c) consider any advice provided by the Chemicals Coordinator. (3) The Minister must take reasonable steps to publicise action taken under subsection (1) throughout the agricultural industry and the general public. (4) A person who manufactures, is in possession of, sells or uses a chemical product, fertiliser or stockfood in contravention of a prohibition or condition imposed under subsection (1) commits an offence.

Agricultural and Veterinary Chemicals (Control of Use) Act 2004 40 (5) A reference in this section to a chemical product, fertiliser or stockfood includes a reference to a class of chemical products, fertilisers or stockfoods.