55Direction to deal with prohibited or contaminated chemical

55 Direction to deal with prohibited or contaminated chemical product, fertiliser, stockfood or agricultural produce (1) If, after receiving advice about the matter from the Chemicals Coordinator, the Minister is satisfied that: (a) the manufacture, possession, sale or use of a chemical product, fertiliser or stockfood is prohibited under section 53; or (b) a fertiliser, stockfood or agricultural produce contains or is likely to contain a substance at a concentration: (i) greater than the concentration prescribed by the Regulations for the fertiliser, stockfood or agricultural produce; or (ii) that poses or is likely to pose a threat to human health or to trade in the agricultural industry, the Minister may direct in writing a person to deal with the chemical product, fertiliser, stockfood or agricultural produce in the manner (including by way of destruction), and within the time, specified in the direction. (2) Before giving a direction under subsection (1) because of the threat posed or likely to be posed to human health, the Minister must consult with the minister primarily responsible for health. (3) The reasonable costs and expenses of sampling and analysis incurred by the Chemicals Coordinator in order to advise the Minister about the concentration or likely concentration of a substance referred to in subsection (1)(b) are recoverable as a debt due and payable to the Territory from the manufacturer of the fertiliser, the seller of the stockfood or the grower of the agricultural produce. (4) However, those costs and expenses are not recoverable if: (a) the use of the substance was authorised by this Act or another law in force in the Territory; or (b) the concentration or likely concentration of the substance was the result of the act or omission of a person other than the manufacturer, seller or grower and the manufacturer, seller or grower did not know, and could not reasonably have been expected to know, about the act or omission.

Agricultural and Veterinary Chemicals (Control of Use) Act 2004 42 (5) A person who contravenes a direction given under subsection (1) (6) An offence against subsection (5) is a regulatory offence. (7) If a person contravenes a direction given under subsection (1): (a) the Chemicals Coordinator may deal with the chemical product, fertiliser, stockfood or agricultural produce in the manner specified in the direction; and (8) A reference in this section to a chemical product, fertiliser, stockfood or agricultural produce includes a reference to a class of chemical products, fertilisers, stockfoods or agricultural produce.