Agricultural and Veterinary Chemicals (Control of Use) Regulations 2022
In ForceTAS
Jurisdiction
Tasmania
Act Number
14 of 2022
Collection
regulation
Plain English Summary
7/10 complexity
These regulations set out how agricultural and veterinary chemicals must be stored, handled, applied and recorded in Tasmania. They prescribe which products need licences or certificates, safety and protective equipment for hazardous poisons, rules and record-keeping for hormonal growth promotants (HGPs), residue limits for stockfood and fees, and give inspectors and the Registrar enforcement powers. The rules directly affect chemical suppliers, employers, chemical operators, stock agents and animal owners by creating compliance duties, fees and penalties.
These regulations set out operational controls, licensing and record-keeping requirements for handling, storing, applying and supplying agricultural and veterinary chemical products in Tasmania. They implement detailed duties for persons who keep or control chemical products (reg 5), prohibit irrigation application unless authorised (reg 6), prescribe health-monitoring powers in relation to chemical operators (reg 7) and prescribe which chemical uses require commercial licences or certificates of competency (reg 8, Sch 1). The regulations also impose special precautions for Schedule 6 and 7 poisons (Part 3, regs 17-24), notification distances and modes for agricultural spraying (reg 9), and detailed rules for hormonal growth promotants (HGPs) including possession, tagging, declarations, labelling, supplier approval and seizure powers (Part 4, regs 25-38). Prescribed forms and labelling (Form 1) appear at reg 39 and Sch 2. Fees for permits, licences and certificates are prescribed in reg 4 and Schedule 3; the interest rate for late fees under s 64 of the Act is set at 7% per annum (reg 4(2)). The regulations delegate multiple discretionary and administrative decisions to the Registrar, the Secretary and inspectors: for example, the Registrar decides whether to grant, vary, suspend or cancel certificates of competency (regs 10-15), to determine what constitutes a “small amount” for exemptions (reg 8(1) small amount), and to make residue determinations affecting land, premises or water (reg 44(2)(c)-(e)). Inspectors are given seizure powers over HGP-Free tags (reg 37) and access and testing powers are framed so costs of testing can be charged to owners for prescribed reasons (reg 45). The regulatory text also cross-refers to the Agvet Regulations of Tasmania, the Agvet Code MRL Instrument 2019, the current Poisons Standard, the Animal (Brands and Movement) Act 1984 and the Animal (Brands and Movement) Regulations 2014 (reg 3 and multiple other references). The instrument took effect on notification in the Gazette (reg 2) and was notified on 20 April 2022; it is administered by the Department of Natural Resources and Environment Tasmania (note at end of instrument).
Current sections
Direct links to the current provisions in Agricultural and Veterinary Chemicals (Control of Use) Regulations 2022.
(a) the standard specified in table 4 of Part 2 of Schedule 1 to the Agricultural and Veterinary Chemicals Code (MRL Standard) Instrument 2019 of the Commonwealth; or
(b) any document published by a Department of the Commonwealth Government to replace that table;
authorised order form means an order form provided by the Registrar of Animal Brands under regulation 31 ;
certificate of competency means a certificate of competency granted under regulation 11 ;
chemical operator means a person engaged in handling a chemical product;
current Poisons Standard has the same meaning as in the Agvet Regulations of Tasmania;
Department of the Commonwealth Government includes an incorporated or unincorporated body which is established, constituted or continued by or under an Act of the Commonwealth or under the royal prerogative applied in respect of the Commonwealth of Australia, being a body which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor-General, a Minister of the Commonwealth Government or another similar body;
HGP-Free Declaration means a declaration, contained in a national vendor declaration, that stock has not been treated with a hormonal growth promotant;
hormonal growth promotant purchaser declaration means a declaration made in accordance with regulation 48 of the Agvet Regulations of Tasmania;
listed chemical product means a chemical product, or a chemical product of a class of chemical products, specified in Schedule 1 ;
national vendor declaration means –
(a) a declaration and waybill approved and published by SAFEMEAT as part of the Livestock Production Assurance system, as amended or substituted from time to time; or
(b) in the case of pigs, a declaration (known as PigPass) approved and published by Australian Pork Limited (ABN 83 092 783 278) as amended or substituted from time to time.;
SAFEMEAT means the consultative partnership, consisting of representatives from the Commonwealth government and the red meat and livestock industry, established to ensure the safety and hygiene of red meat and livestock;
tail tag means a registered tail tag, within the meaning of the Animal (Brands and Movement) Act 1984 , which contains an identification of the property on which animals are managed by the proprietor of the tag.
(2) In these regulations, unless the contrary intention appears, a reference to a form identified with a number is a reference to the form with that number contained in Schedule 2 .
4
Fees
4 Fees
(1) The fees set out in Schedule 3 are prescribed as the fees payable in respect of the matters to which they relate.
(2) For the purposes of section 64 of the Act, the rate at which a fee due bears interest is 7% per annum.
(3) For the purposes of the Act, an annual fee in respect of an authority, within the meaning of Schedule 5 of the Act, is due on the yearly anniversary of the authority.
Part 2
Chemical Products Generally
Part 2 Chemical Products Generally
5
Storage of chemical product
5 Storage of chemical product
A person who keeps or has control of a chemical product must ensure –
(a) that it is not readily accessible to children when it is being kept; and
(b) that it will not, either as it is kept or in the event of the container in which it is kept breaking, leaking or being damaged, contaminate –
(i) food intended for human consumption; or
(ii) produce intended to be fed to stock; or
(iii) goods or materials kept for sale.
Penalty: Fine not exceeding 50 penalty units.
6
Prohibition on applying agricultural chemical product by irrigation
6 Prohibition on applying agricultural chemical product by irrigation
A person must not apply an agricultural chemical product by means of equipment designed for irrigation purposes unless –
(a) the advice notice or label accompanying the agricultural chemical product specifies that it may be applied by those means; or
(b) the person has a permit under section 29 of the Act which permits the application of the agricultural chemical product by those means.
Penalty: Fine not exceeding 50 penalty units.
7
Medical examination
7 Medical examination
(1) If the Registrar has reason to believe that the health of a chemical operator may have been affected by the handling of a chemical product, the Registrar may require the chemical operator to undergo a medical examination –
(a) by a registered medical practitioner at the time and place specified in the requirement; or
(b) by a registered medical practitioner as arranged by the chemical operator and approved by the Registrar.
(2) A requirement under subregulation (1) for a chemical operator to undergo a medical examination is to be made by written notice provided to the chemical operator.
(3) A chemical operator must comply with a requirement to undergo a medical examination made under subregulation (2) .
Penalty: Fine not exceeding 20 penalty units.
(4) The employer of a chemical operator who is required under subregulation (1) to undergo a medical examination is to –
(a) allow the chemical operator to be absent from employment for the purpose of attending the medical examination; and
(b) if the chemical operator is absent from employment under paragraph (a) , pay the chemical operator the remuneration that the chemical operator would have received if he or she had remained at the place of employment during the time when he or she is absent for the purpose of attending the medical examination.
(5) A person is to, on the demand of a chemical operator who is required under subregulation (1) to undergo a medical examination, reimburse the chemical operator for the reasonable expenses incurred by the chemical operator in complying with that requirement if –
(a) the person employed the chemical operator in handling a chemical product or class of chemical products before the requirement was made; and
(b) the requirement was made in relation to that chemical product or class of chemical products; and
(c) the Registrar certifies that there are reasonable grounds for believing that the handling of that chemical product or class of chemical products on behalf of that person contributed to the need for making that requirement.
(6) The Registrar may make any arrangements he or she considers appropriate to facilitate the carrying out of a medical examination required under subregulation (1) .
(7) The medical practitioner carrying out a medical examination in response to a requirement made under subregulation (1) –
(a) may take, or require the taking of, samples of blood and other substances; and
(b) may have those samples tested; and
(c) is to provide the Registrar with a report on the results of the medical examination and the testing of any samples taken.
(8) If the Registrar is satisfied, after considering the report of the medical practitioner, that a chemical operator is absorbing or has absorbed a chemical product, or one or more chemical products of a class of chemical products, in quantities that are adversely affecting, or are likely to adversely affect, the health of the chemical operator, the Registrar –
(a) must provide the chemical operator with a written notice stating that fact; and
(b) may, by a further written notice provided to the chemical operator, prohibit the chemical operator from handling that chemical product or any chemical product of that class, or from performing the operations specified in the notice, indefinitely or for the period specified in the notice; and
(c) must provide a copy of all notices provided under paragraphs (a) and (b) to all persons who appear to the Registrar to have employed the chemical operator to handle that chemical product or any chemical product of that class when, or after the time at which, the chemical operator was provided with the requirement to undergo a medical examination.
(9) If a chemical operator has been prohibited, by a notice under subregulation (8)(b) , from handling a chemical product or any chemical product of a class of chemical products or from performing an operation –
(a) the chemical operator must not, except with the written consent of the Registrar, contravene that notice; and
(b) a person who has been provided with a copy of that notice must not, except with the written consent of the Registrar, employ the chemical operator to handle a chemical product or perform an operation in contravention of that notice.
Penalty: Fine not exceeding 20 penalty units.
8
Chemical products requiring commercial chemical operator licence
8 Chemical products requiring commercial chemical operator licence
(1) In this regulation –
authorised person means a person who is –
(a) appointed or employed under the State Service Act 2000 for the purposes of the Department; and
(b) authorised by the Chief Veterinary Officer or the Registrar to apply the relevant agricultural chemical product, relevant veterinary chemical product or a class of chemical products of which the relevant agricultural chemical product or relevant veterinary chemical product is a member;
small amount means the amount of a chemical product that the Registrar, by notice published –
(a) in the Gazette; or
(b) on a website maintained by or on behalf of the Department; or
(c) both –
determines to be a small amount.
(2) The following classes of chemical products are prescribed for the purposes of section 21 of the Act:
(a) any agricultural chemical product except when –
(i) only a small amount of the agricultural chemical product is being used and that small amount is being applied by hand-held equipment for a purpose only incidental to the main service that is being provided for fee or other reward; or
(ii) that agricultural chemical product is being applied by the Registrar, an authorised person or a veterinary surgeon in the course of his or her profession;
(b) any veterinary chemical product except when –
(i) only a small amount of the veterinary chemical product is being used and that small amount is being applied by hand-held equipment for a purpose only incidental to the main service that is being provided for fee or other reward; or
(ii) that veterinary chemical product is being applied by the Registrar, an authorised person or a veterinary surgeon in the course of his or her profession.
9
Notification to neighbours of agricultural spraying
9 Notification to neighbours of agricultural spraying
(1) The following classes of agricultural chemical products are prescribed for the purposes of sections 31(1)(a) and (2)(a) of the Act:
(a) any agricultural chemical product listed, or which contains a constituent listed, in Schedule 6 to the current Poisons Standard;
(b) any agricultural chemical product listed, or which contains a constituent listed, in Schedule 7 to the current Poisons Standard.
(2) The following distances are prescribed for the purposes of sections 31(1)(b) and (2)(b) of the Act:
(a) one kilometre if the agricultural chemical product is to be applied by aircraft;
(b) 100 metres if the agricultural chemical product is to be applied by any other means.
(3) The following manners of carrying out agricultural spraying are prescribed for the purposes of section 31(1)(c) of the Act:
(a) spraying a liquid;
(b) generating a mist;
(c) dispersing a dust.
10
Application for certificate of competency to handle or use listed chemical products
10 Application for certificate of competency to handle or use listed chemical products
(1) A person may apply to the Registrar for a certificate of competency in respect of that chemical product or the class of chemical products of which that chemical product is a member.
(2) An application must –
(a) be in a form approved by the Registrar; and
(b) include any information that the Registrar reasonably requires; and
(c) be lodged with the Registrar.
11
Grant or refusal of certificate of competency
11 Grant or refusal of certificate of competency
(1) The Registrar may grant or refuse to grant a certificate of competency in respect of –
(a) a listed chemical product; or
(b) a class of chemical products of which a listed chemical product is a member.
(2) The following are the types of certificate of competency which may be granted:
(a) category 1 chemical user;
(b) category 2 chemical user;
(c) category 3 chemical user;
(d) pest management technician;
(e) methyl bromide or phosphine user.
(3) A certificate of competency is subject to any conditions specified in it.
(4) On determining to grant or refuse to grant a certificate of competency, the Registrar may, in writing –
(a) require the applicant for the certificate to pay the prescribed application fee; and
(b) require that fee to be paid within the time specified in the requirement.
(5) A prescribed application fee required to be paid under subregulation (4)(a) is a debt due to the Crown and may be recovered in a court of competent jurisdiction.
(6) The Registrar may do one or more of the following by notice in writing to the holder of a certificate of competency:
(a) vary any conditions of the certificate;
(b) omit any conditions of the certificate;
(c) impose new conditions in the certificate.
12
Cancellation or suspension of certificate of competency
12 Cancellation or suspension of certificate of competency
(1) The Registrar may, by notice in writing to the holder of a certificate of competency, cancel or suspend the certificate if –
(a) the holder has not complied with a condition of the certificate; or
(b) the holder has been convicted of any offence under any Act if the Registrar considers the offence to be relevant to the holder's competency to handle a listed chemical product; or
(c) the annual fee payable under regulation 15 has not been paid on or before the date on which it is due; or
(d) the Registrar becomes aware of any information which, if it had been known at the time when the certificate was granted, would have prevented the grant of the certificate; or
(e) the Registrar is satisfied that the holder is unable to competently and safely handle or use a listed chemical product, or class of listed chemical products, to which the certificate relates.
(a) the date on which the cancellation or suspension takes effect; and
(b) in the case of suspension –
(i) the period of suspension; or
(ii) any conditions that must be satisfied before the suspension is lifted.
13
Notice of reasons and opportunity to comment
13 Notice of reasons and opportunity to comment
Before suspending or cancelling a certificate of competency or refusing to grant an application for a certificate of competency, the Registrar must give the holder of, or the applicant for, the certificate –
(a) notice of the reasons for the proposed action; and
(b) the opportunity to submit written comments on the proposed action.
14
Term of certificate of competency
14 Term of certificate of competency
A certificate of competency continues in operation for the term (not exceeding 5 years) specified in the certificate, unless it is earlier cancelled.
15
Payment of annual fee for certificate of competency
15 Payment of annual fee for certificate of competency
The holder of a certificate of competency must pay the prescribed fee each year on or before the yearly anniversary of the granting of the certificate.
16
Refusal to grant authority
16 Refusal to grant authority
For the purposes of clause 3(4)(b) of Part 1 of Schedule 5 to the Act, the following grounds are prescribed as grounds on which the Registrar may refuse to grant an authority, within the meaning of that Schedule:
(a) the fact that the applicant for such an authority is not the holder of a certificate of competency in relation to the listed chemical product proposed to be handled under that authority;
(b) the fact that the applicant is under 18 years of age.
Part 3
Special Precautions for Handling and Storing Schedule 6 or 7 Poison
Part 3 Special Precautions for Handling and Storing Schedule 6 or 7 Poison
17
Interpretation
17 Interpretation
In this Part –
concentrate means a Schedule 6 or 7 poison that for the purpose of its use is intended to be diluted or mixed with water or another diluent;
enclosed building means a building, erection or tunnel in which the free movement of air is controlled or impeded in any manner;
protective clothing and equipment means the clothing and equipment required by this Part to be worn or used by a chemical operator;
respirator means an apparatus that covers the mouth and nose of a person and is designed to –
(a) ensure the person of a supply of air adequate for respiration; and
(b) eliminate as far as practicable the risk of pollution, by a Schedule 6 or 7 poison, of the air that is breathed by the person;
Schedule 6 or 7 poison means a chemical product that is listed, or which contains a constituent that is listed, in Schedule 6 or 7 to the current Poisons Standard;
spray operation means agricultural spraying involving the use of a Schedule 6 or 7 poison.
18
Storage of Schedule 6 or 7 poison
18 Storage of Schedule 6 or 7 poison
A person who has possession or control of a Schedule 6 or 7 poison must ensure that it is not readily accessible, when being kept, to any person whom he or she has not authorised to have access to it.
Penalty: Fine not exceeding 50 penalty units.
19
Condition of clothing and equipment generally
19 Condition of clothing and equipment generally
A person must not wear or use protective clothing and equipment unless –
(a) it is in good order and condition; and
(b) it is ready for use for the purpose for which it is intended.
Penalty: Fine not exceeding 20 penalty units.
20
General duties of employer
20 General duties of employer
A person who employs another to handle a Schedule 6 or 7 poison must –
(a) ensure that the employee is provided with the protective clothing, facilities, equipment and materials necessary to enable the Schedule 6 or 7 poison to be handled in accordance with this Part; and
(b) make a copy of this Part readily available to the employee; and
(c) take all reasonable steps to ensure that the employee is aware of the provisions of this Part relevant to the handling of the Schedule 6 or 7 poison; and
(d) take all reasonable steps to ensure that the employee complies with this Part when handling the Schedule 6 or 7 poison.
Penalty: Fine not exceeding 50 penalty units.
21
General duty of chemical operator handling Schedule 6 or 7 poison
21 General duty of chemical operator handling Schedule 6 or 7 poison
If this Part requires that any clothing, facility, material or equipment be provided to, or for the use of, a chemical operator in respect of the handling of a Schedule 6 or 7 poison, the chemical operator must not handle the Schedule 6 or 7 poison unless that clothing, facility, material or equipment has been provided.
Penalty: Fine not exceeding 20 penalty units.
22
Protective clothing
22 Protective clothing
(1) At all times while handling a Schedule 6 or 7 poison a chemical operator must wear –
(a) clean cotton overalls; and
(b) a hat; and
(c) boots.
Penalty: Fine not exceeding 20 penalty units.
(2) If the chemical operator is diluting or mixing a concentrate or transferring a concentrate from one container to another, the chemical operator must also wear protective gloves and a face shield.
Penalty: Fine not exceeding 20 penalty units.
(3) If the chemical operator is handling a Schedule 6 or 7 poison that is in the form of a fine dust that is liable to be blown about, the chemical operator must also wear protective gloves and a respirator.
Penalty: Fine not exceeding 20 penalty units.
(4) If the chemical operator is engaged in spray operations, the chemical operator must also wear protective gloves and a respirator.
Penalty: Fine not exceeding 20 penalty units.
(5) If the chemical operator is handling a Schedule 6 or 7 poison in an enclosed building, the chemical operator must also wear a respirator.
Penalty: Fine not exceeding 20 penalty units.
(6) After handling a Schedule 6 or 7 poison, the chemical operator must ensure that any protective clothing which has come into contact with the Schedule 6 or 7 poison during that handling is cleaned of that poison before the protective clothing is next put on by any person.
Penalty: Fine not exceeding 20 penalty units.
23
Washing facilities
23 Washing facilities
(1) A plentiful supply of soap and clean water must be provided for the use of a chemical operator in a place where the chemical operator dilutes or mixes a concentrate or transfers a concentrate from one container to another.
(2) A plentiful supply of clean water must be provided for the use of a chemical operator in a place where the chemical operator performs spray operations.
24
Dealing with Schedule 6 or 7 poison on skin or clothing
24 Dealing with Schedule 6 or 7 poison on skin or clothing
(1) If a Schedule 6 or 7 poison is splashed or spilt on the skin of a chemical operator, the chemical operator is to immediately wash thoroughly with clean water the area of skin affected.
(2) If a Schedule 6 or 7 poison is splashed or spilt on the clothing of a chemical operator to the extent that the clothing may fail to prevent the skin of the chemical operator from being affected, the chemical operator is to immediately remove that clothing and wash thoroughly with clean water any skin that may have been affected by the splash or spill.
Part 4
Hormonal Growth Promotants
Part 4 Hormonal Growth Promotants
25
Obtaining and keeping copy of hormonal growth promotant purchaser declaration
25 Obtaining and keeping copy of hormonal growth promotant purchaser declaration
If a person signs a hormonal growth promotant purchaser declaration –
(a) the supplier of the hormonal growth promotant must provide that person with a copy of the declaration; and
(b) that person must keep the copy for at least 2 years.
Penalty: Fine not exceeding 50 penalty units.
26
Possession of hormonal growth promotant
26 Possession of hormonal growth promotant
A person must not have possession or custody of a hormonal growth promotant unless the person –
(a) has possession or custody of the hormonal growth promotant as a supplier and has a unique notification number within the meaning of regulation 47(1) of the Agvet Regulations of Tasmania; or
(b) is employed by the holder of such a unique notification number and has possession or custody of the hormonal growth promotant in the course of that employment; or
(c) has signed a hormonal growth promotant purchaser declaration; or
(d) is employed by a person who has signed such a declaration and has possession or custody of the hormonal growth promotant in the course of that employment; or
(e) has possession or custody of the hormonal growth promotant while under the supervision of a person who has signed such a declaration.
Penalty: Fine not exceeding 100 penalty units.
27
Treatment of animals with hormonal growth promotant
27 Treatment of animals with hormonal growth promotant
(1) In this regulation –
property identification code, in respect of a hormonal growth promotant, means the property identification code, within the meaning of the Animal (Brands and Movement) Regulations 2014 , relating to the property specified in the hormonal growth promotant purchaser declaration.
(2) A person must not implant a hormonal growth promotant into an animal that is not capable of bearing a tail tag, with the property reference number for the hormonal growth promotant, if the person intends the animal to be sold at a saleyard, or sent to an abattoir, immediately after the implant.
Penalty: Fine not exceeding 100 penalty units.
28
Earmark on hormonal growth promotant-treated animal
28 Earmark on hormonal growth promotant-treated animal
(1) In this regulation –
registered earmark means an earmark which has been registered under the Animal (Brands and Movement) Act 1984 in respect of the identification of an animal implanted with a hormonal growth promotant.
(2) If a person implants a hormonal growth promotant into an animal that has not previously been implanted with a hormonal growth promotant, the person must apply a registered earmark to the ear of the animal at the time of implanting the hormonal growth promotant.
Penalty: Fine not exceeding 100 penalty units.
29
Record of hormonal growth promotant use
29 Record of hormonal growth promotant use
A person who implants a hormonal growth promotant in an animal must –
(a) keep a record of the purchase and use of the hormonal growth promotant in a form approved by the Registrar; and
(b) keep the record for at least 2 years.
Penalty: Fine not exceeding 50 penalty units.
30
Duty of person who intends to obtain HGP-Free tag
30 Duty of person who intends to obtain HGP-Free tag
A person must not obtain an HGP-Free tag for attachment to an animal unless he or she has first –
(a) completed, signed and provided, to the Registrar of Animal Brands, an HGP-Free Declaration; and
(b) completed, and provided to the supplier of the tag, an authorised order.
Penalty: Fine not exceeding 100 penalty units.
31
Registrar of Animal Brands to provide authorised order form
31 Registrar of Animal Brands to provide authorised order form
(1) On receipt of an HGP-Free Declaration under regulation 30(a) , the Registrar of Animal Brands must, if the declaration appears to that Registrar to be validly made, provide to the person who made the declaration an authorised order form which contains –
(a) the property identification code, that appears on a brand or tag registered under the Animal (Brands and Movement) Act 1984 , of the property which that person, or another person of whom that person is the authorised representative, is the proprietor; and
(b) the name of that proprietor; and
(c) an endorsement by the Registrar of Animal Brands or his or her representative to the effect that the declaration has been provided to that Registrar.
(2) An authorised order form provided under subregulation (1) is to be in a form approved by the Registrar of Animal Brands.
32
Suppliers of HGP-Free tags
32 Suppliers of HGP-Free tags
The Secretary may approve, by notice published in the Gazette, persons, or classes of persons, who may supply HGP-Free tags.
33
Supply of HGP-Free tag
33 Supply of HGP-Free tag
(1) A person must not supply an HGP-Free tag to another person unless that supplier is a person approved under regulation 32 or a person of a class of persons approved under that regulation.
Penalty: Fine not exceeding 100 penalty units.
(2) A supplier of HGP-Free tags must not supply an HGP-Free tag to a person unless that person has provided to that supplier a completed authorised order form.
Penalty: Fine not exceeding 100 penalty units.
(3) It is a defence to a charge for an offence under subregulation (2) for the supplier to show that the supplier had received a completed form which the supplier had reason to believe was an authorised order form.
34
Application of HGP-Free tag
34 Application of HGP-Free tag
(1) A person may only attach, or assist in attaching, an HGP-Free tag to an animal if –
(a) the person applying that tag has signed, or is acting under the supervision or direction of a person who has signed, an HGP-Free Declaration which relates to an identification number for the property that would appear on a tail tag on the animal if the animal were to be sold at a saleyard, or sent to an abattoir, immediately after the HGP-Free tag were attached; and
(b) the period, if any, declared by the Secretary by notice in a newspaper circulating in the State has not elapsed since that declaration was signed; and
(c) the person who has signed that HGP-Free Declaration –
(i) has bred the animal, or acquired the animal before it was 6 weeks old, and has not implanted a hormonal growth promotant in the animal; or
(ii) has not implanted a hormonal growth promotant in the animal since assuming responsibility for the husbandry of the animal and has documentary evidence that the animal was not implanted with a hormonal growth promotant before that person assumed that responsibility; and
(d) the person does not have reason to believe that the animal has been implanted with a hormonal growth promotant.
Penalty: Fine not exceeding 100 penalty units.
(2) For the purposes of subregulation (1)(c)(ii) , the following documents are documentary evidence:
(a) a purchaser invoice provided by a stock agent under regulation 38(1) ;
(b) a declaration made under regulation 35(1) by the owner from whom the animals were obtained or other person responsible for the husbandry of the animals on behalf of that owner.
35
HGP-Free Declaration at time of disposal
35 HGP-Free Declaration at time of disposal
(1) The owner of animals who intends to sell or otherwise dispose of them, or a person who has been responsible for the husbandry of the animals, may only declare that the animals have not been implanted with a hormonal growth promotant at any time if that owner or person –
(a) bred the animals, or acquired the animals before they were 6 weeks old, and has not implanted a hormonal growth promotant in the animals; or
(b) has not implanted a hormonal growth promotant in the animal since assuming responsibility for the husbandry of the animal and has documentary evidence that the animal was not implanted with a hormonal growth promotant before that person assumed that responsibility.
Penalty: Fine not exceeding 100 penalty units.
(2) For the purposes of subregulation (1)(b) , the following documents are documentary evidence:
(a) a purchaser invoice provided by a stock agent under regulation 38(1) ;
(b) a declaration made under subregulation (1) by the owner from whom the animals were obtained or other person responsible for the husbandry of the animals on behalf of that owner.
(3) A declaration under subregulation (1) is to be in accordance with –
(a) a national vendor declaration; or
(b) a form approved by the Registrar.
36
Records to be kept in respect of hormonal growth promotant-free animal
36 Records to be kept in respect of hormonal growth promotant-free animal
A person who has –
(a) made an HGP-Free Declaration; or
(b) obtained an animal with documentary evidence, within the meaning of regulation 35(2) , that the animal has not been implanted with a hormonal growth promotant –
must keep a record of the obtaining and sale, or other disposal, of that animal for a period of at least 2 years after the animal has been sold or disposed of.
Penalty: Fine not exceeding 20 penalty units.
37
Power of inspector to seize HGP-Free tag
37 Power of inspector to seize HGP-Free tag
An inspector may seize and retain an HGP-Free tag if the inspector believes on reasonable grounds that it is in the possession of a person who –
(a) has not signed an HGP-Free Declaration; or
(b) is not employed by, or under the supervision or direction of, a person referred to in paragraph (a); or
(c) has improperly disposed of other HGP-Free tags; or
(d) has attached other HGP-Free tags in contravention of the Act or these regulations.
38
Responsibilities of stock agent
38 Responsibilities of stock agent
(1) A stock agent who sells an animal that bears an HGP-Free tag must provide the purchaser with a purchaser invoice containing the following information and statements:
(a) the date of sale of the animal;
(b) the name of the stock agent who sold the animal;
(c) the place where the animal is sold;
(d) the number on the HGP-Free tag on the animal;
(e) a description of the animal;
(f) a statement to the effect that the animal listed on the invoice was tagged with an HGP-Free tag and, if the statement is in writing, signed by the stock agent.
Penalty: Fine not exceeding 50 penalty units.
(2) A stock agent must, if he or she has had possession or custody of an animal that has been implanted with a hormonal growth promotant or has been tagged with an HGP-Free tag –
(a) allow an inspector at any reasonable time to inspect and make copies of, or take extracts from, the records relating to that animal; and
(b) answer any questions asked by, and provide any information requested by, an inspector in relation to that animal and those records; and
(c) provide an inspector with reasonable assistance.
Penalty: Fine not exceeding 50 penalty units.
Part 5
Miscellaneous
Part 5 Miscellaneous
39
Advice notice or label
39 Advice notice or label
For the purposes of section 18(1)(d) of the Act, an advice notice or label is to be in accordance with Form 1.
40
Provision of advice notice or label
40 Provision of advice notice or label
When supplying a veterinary chemical product to a person, the veterinary surgeon or the person who supplies the veterinary chemical product in compliance with the prescription of a veterinary surgeon is also to provide that person with the advice notice or label required under section 18(1)(d) of the Act relating to the veterinary chemical product.
41
Records to be kept by veterinary surgeon
41 Records to be kept by veterinary surgeon
If a veterinary surgeon uses or supplies, or supplies a prescription for, a veterinary chemical product prepared by a veterinary surgeon or registered pharmaceutical chemist, the veterinary surgeon is to make a record containing the following information and keep that record for at least 2 years:
(a) the name and address of the owner of the animal treated or to be treated;
(b) a description of the animal;
(c) the date on which the animal was treated if the veterinary surgeon treats the animal with the veterinary chemical product;
(d) the directions for use of the veterinary chemical product if the veterinary surgeon supplies, or writes a prescription for, the veterinary chemical product;
(e) the name, strength and form of the veterinary chemical product;
(f) the withholding period, if any, as specified in the advice notice or label required under section 18(1)(d) of the Act that accompanied the veterinary chemical product.
42
Prescribed information, &c., for purposes of section 37 of Act
42 Prescribed information, &c., for purposes of section 37 of Act
(1) In this regulation –
Schedule 5 poison means an agricultural chemical product that is listed, or that contains a constituent listed, in Schedule 5 to the current Poisons Standard;
Schedule 6 poison means an agricultural chemical product that is listed, or that contains a constituent listed, in Schedule 6 to the current Poisons Standard;
Schedule 7 poison means an agricultural chemical product that is listed, or that contains a constituent listed, in Schedule 7 to the current Poisons Standard;
(a) any Schedule 5 poison, Schedule 6 poison or Schedule 7 poison is a prescribed agricultural chemical product; and
(b) in the case of a Schedule 5 poison, the prescribed information is –
(i) the name of the agricultural chemical product that is the Schedule 5 poison; and
(ii) a copy of the label approved under the Code in relation to that agricultural chemical product; and
(c) in the case of a Schedule 6 poison or Schedule 7 poison, the prescribed information is –
(i) the name of the agricultural chemical product that is the Schedule 6 poison or Schedule 7 poison; and
(ii) a copy of the label approved under the Code in relation to that agricultural chemical product; and
(iii) a copy of any material safety data sheet that relates to that agricultural chemical product; and
(d) the prescribed manner is the manner specified in the directions for use in the label approved under the Code in relation to the agricultural chemical product that is the Schedule 5 poison, Schedule 6 poison or Schedule 7 poison.
43
Residues in stockfood
43 Residues in stockfood
(1) It is a condition of the supply or use of any agricultural produce intended for use as stockfood that the level of any substance in the agricultural produce must not exceed the maximum permitted concentration.
(2) It is a condition of the supply or use of any agricultural produce intended for use as stockfood that the level of any residue of a chemical product in the agricultural produce must not exceed –
(a) the level for the chemical product shown against the appropriate feed commodity in the Animal Feedstuffs Residue Standard; or
(b) if no such level is shown in that Standard, the level which the Registrar has determined by –
(i) notice published in the Gazette or a newspaper circulating in the State; or
(ii) written notice provided to the supplier or user.
(3) A person who contravenes a condition specified in this regulation is guilty of an offence and liable on summary conviction to –
(a) in the case of a condition specified under subregulation (1) , a penalty of a fine not exceeding 100 penalty units; or
(b) in the case of a condition specified under subregulation (2) , a penalty of a fine not exceeding 50 penalty units.
44
Prescribed level of residue which adversely affects plants, stock &c.
44 Prescribed level of residue which adversely affects plants, stock &c.
(1) In this regulation –
Drinking Water Guidelines means the Australian Drinking Water Guidelines 6 (2011), published by the National Health and Medical Research Council established by the National Health and Medical Research Council Act 1992 of the Commonwealth, as amended or substituted from time to time.
(2) The following levels of residue are the prescribed levels for the purposes of the definition of adversely affects in section 30(3) of the Act:
(a) in the case of stock and agricultural produce, the maximum residue limit;
(b) in the case of water used as or to provide drinking water for stock, other animals and humans, the level relating to the stock, other animals or humans specified in the Drinking Water Guidelines;
(c) in the case of groundwater or soil, the level which the Registrar determines in relation to the whole State, a part of the State or an area will likely result in the contamination of agricultural produce that is derived from one or more of the following:
(i) plants grown in the soil in the State, that part of the State or that area;
(ii) stock in contact with the soil in the State, that part of the State or that area;
(iii) stock or plants in contact with the groundwater in the State, that part of the State or that area;
(d) in the case of premises, the level which the Registrar determines in relation to the whole State, part of the State or an area will likely result in –
(i) the contamination of agricultural produce that is stored in, processed in or otherwise in contact with the premises; or
(ii) rendering anything on those premises unsuitable for its normal use;
(e) in the case of agricultural produce intended for use as stockfood, the level which the Registrar determines in relation to the whole State, a part of the State or an area is likely to result in the contamination of stock fed on that stockfood.
(3) If the Registrar makes a determination under subregulation (2)(c) , (d) or (e) , notification of the determination is to be published in the Gazette or in a newspaper circulating in the whole State, the part of the State or the area in relation to which the determination is made.
45
Testing at expense of owner
45 Testing at expense of owner
For the purposes of section 49(2)(e)(i) of the Act, the following reasons are prescribed as reasons for requiring testing of samples or specimens of any stock, premises, agricultural produce, preparation or fitting to be carried out at the expense of the owner:
(a) that, at any time during the period of one year ending on the giving of the notice requiring the testing, one or more of the following has occurred:
(i) the owner has supplied, or consigned for slaughter, contaminated stock;
(ii) the owner has supplied any contaminated agricultural produce, preparation or fitting;
(iii) the owner has been found guilty of an offence under section 18 , 20 , 25 , 28 , 30 , 31 , 32 , 40 , 41 , 42 , 43 or 46 of the Act or any regulation made in respect of any of those sections and relating to the handling of a chemical product;
(iv) the owner has been found guilty of an offence under the Poisons Act 1971 in relation to the use or possession of a chemical product that is listed, or which contains a constituent that is listed, in Schedule 4 to the current Poisons Standard and was prescribed by a veterinary surgeon for use in relation to an animal;
(b) that the owner owns or occupies premises subject to a premises use restriction notice and the testing is reasonably required to determine whether –
(i) the owner or other occupier of the premises is meeting the requirements of that notice; or
(ii) that notice should remain in force.
46
False or misleading statements about residues
46 False or misleading statements about residues
A person must not make, or cause to be made, a statement relating to the presence or likelihood of the presence of a residue, or a substance for which a maximum permitted concentration is declared, in any animal or agricultural produce if the person knows or believes the statement or representation is false or misleading in a material particular.
Penalty: Fine not exceeding 100 penalty units.
SCHEDULE 1 - Listed Chemical P
SCHEDULE 1 - Listed Chemical Products
SCHEDULE 1 - Listed Chemical P SCHEDULE 1 - Listed Chemical Products
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
These regulations may be cited as the Agricultural and Veterinary Chemicals (Control of Use) Regulations 2022 .
2 Commencement
2 Commencement
These regulations take effect on the day on which their making is notified in the Gazette.
3 Interpretation
3 Interpretation
(1) In these regulations, unless the contrary intention appears –
Act means the Agricultural and Veterinary Chemicals (Control of Use) Act 1995 ;
Agvet Regulations of Tasmania has the same meaning as in the Agricultural and Veterinary Chemicals (Tasmania) Act 1994 ;
Animal Feedstuffs Residue Standard means –
(a) the standard specified in table 4 of Part 2 of Schedule 1 to the Agricultural and Veterinary Chemicals Code (MRL Standard) Instrument 2019 of the Commonwealth; or
(b) any document published by a Department of the Commonwealth Government to replace that table;
authorised order form means an order form provided by the Registrar of Animal Brands under regulation 31 ;
certificate of competency means a certificate of competency granted under regulation 11 ;
chemical operator means a person engaged in handling a chemical product;
current Poisons Standard has the same meaning as in the Agvet Regulations of Tasmania;
Department of the Commonwealth Government includes an incorporated or unincorporated body which is established, constituted or continued by or under an Act of the Commonwealth or under the royal prerogative applied in respect of the Commonwealth of Australia, being a body which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor-General, a Minister of the Commonwealth Government or another similar body;
The measures change behaviour by attaching criminal penalties and monetary fees to non-compliance (many offences carry fines expressed as penalty units). They require businesses and individuals to obtain and keep particular records for set periods (commonly two years, see regs 25, 29, 36, 41), to obtain prior approvals and authorised forms to access HGP-Free tags (regs 30-33, 31), and to meet specified personal protective equipment, washing and handling protocols for Schedule 6 and 7 poisons (regs 22-24). Those obligations create ongoing transaction costs (application and annual fees in Sch 3, application forms reg 10) and regulatory checkpoints (inspector access reg 38). The text confers discretion on regulators to make determinations that affect permitted residue levels and premises use (regs 43-44, 45), thereby converting some ex ante standards into ex post administrative determinations.
Where the regulations refer to external or evolving instruments (for example the “current Poisons Standard”, the Animal Feedstuffs Residue Standard in the Agvet Code MRL Instrument 2019, or the Australian Drinking Water Guidelines), the applicable regulatory rules incorporate those external standards by reference (reg 3 definitions, reg 43, reg 44). That design ties on-farm and supply-chain obligations to standards maintained outside this instrument, and it places on regulated parties an obligation to monitor external instruments for changes.
Main concepts
The regulations are structured around operational concepts; understanding the defined terms and cross-references is essential.
Listed chemical product and listed chemical products (reg 3, Sch 1): “listed chemical product” means a product or class specified in Schedule 1. Schedule 1 explicitly lists agricultural products containing methyl bromide or phosphine, and any agricultural or veterinary chemical product when used in the delivery of a service for fee or other reward (Sch 1, items 1-4). That creates a class-based trigger: commercial service use transforms many products into “listed” items that attract certification/licencing requirements under regs 8 and 10-15 and the Act’s s 21 trigger.
Certificate of competency and commercial chemical operator licence (regs 8, 10-15, Sch 3 Part 2): Applicants for certificates must use forms approved by the Registrar (reg 10). The Registrar may grant several certificate types (category 1-3 chemical user, pest management technician, methyl bromide or phosphine user) and may impose conditions (reg 11). Certificates have terms up to five years (reg 14) and annual fees are payable (reg 15, Sch 3). Reg 8 prescribes classes of chemical products for which a commercial chemical operator licence is required under s 21 of the Act; the regulation also permits limited exemptions where only a “small amount” is used and applied by hand-held equipment (reg 8(2)(a)(i), (b)(i)).
Health oversight for chemical operators (reg 7): The Registrar may require a chemical operator to undergo specified medical examinations if there are reasons to believe their health may have been affected by handling chemicals (reg 7(1)). Employers must permit absence and pay normal remuneration for examination attendance (reg 7(4)), and may be required to reimburse reasonable expenses if the Registrar certifies employment-related exposure (reg 7(5)). Medical practitioners must report results to the Registrar (reg 7(7)); where the Registrar is satisfied there is harmful absorption, the Registrar must give written notice and may prohibit handling (reg 7(8)). Notices are copied to apparent employers (reg 7(8)(c)).
Special precautions for Schedule 6 and 7 poisons (Part 3, regs 17-24): Definitions of “concentrate”, “enclosed building”, “respirator” and “spray operation” shape obligations (reg 17). Persons in control must secure Schedule 6 or 7 poisons against unauthorised access (reg 18). Employers must provide protective clothing, facilities and ensure awareness and compliance (reg 20). Chemical operators must wear specified clothing and equipment for tasks such as diluting concentrates, handling dust, spray operations or working in enclosed buildings (reg 22). Washing facilities and immediate actions on splashes/spills are required (regs 23-24).
Agricultural spraying notification (reg 9): Certain hazardous classes are prescribed for notification under sections 31(1)(a) and (2)(a) of the Act: any agricultural chemical product containing constituents in Schedule 6 or 7 to the current Poisons Standard (reg 9(1)(a),(b)). Prescribed notification distances are one kilometre for aircraft application and 100 metres for other means; prescribed manners include spraying a liquid, generating a mist or dispersing a dust (reg 9(2)-(3)).
Hormonal growth promotant regime (Part 4, regs 25-38): The regulations create a record, labelling and supply chain control framework for HGPs. Possession of an HGP is limited to suppliers with a unique notification number under Agvet Regulations of Tasmania reg 47(1) or persons who have signed purchaser declarations or are supervised by such signatories (reg 26). HGP use triggers recording obligations (reg 29) and tagging/earmarking and HGP-Free declaration regimes for animals and tags are strictly regulated: authorised ordering, Registrar of Animal Brands approvals, supplier approvals (regs 30-33), and restrictions on who may attach HGP-Free tags (reg 34). Inspectors can seize tags where misuse is suspected (reg 37) and stock agents have specific invoice and record duties (reg 38).
Residue controls and related administrative determinations (regs 43-45): The regulations make it a condition of supply/use of agricultural produce for stockfood that residue concentrations not exceed maximum permitted levels, tied to the Animal Feedstuffs Residue Standard (reg 43(1)-(2)). The Registrar may determine levels for cases not in that Standard via Gazette or written notice (reg 43(2)(b)(ii)). Reg 44 prescribes residue levels for “adversely affects” in s 30(3) of the Act, referencing MRLs, Australian Drinking Water Guidelines and Registrar determinations for groundwater, soil or premises (reg 44(2)). Reg 45 prescribes reasons why the owner may be required to fund testing, including prior supply of contaminated stock or convictions for specified offences (reg 45(a)(i)-(iii)).
Forms, labels and records (regs 39, 40, 41, Sch 2): Form 1 is the prescribed format for advice notices or labels (reg 39). Suppliers and veterinary surgeons must provide the advice notice or label when supplying veterinary products in accordance with prescriptions (reg 40). Veterinary surgeons must keep treatment/supply records for at least two years (reg 41).
Fees and payment timing (reg 4, Sch 3): Fees for permits, licences and certificates are prescribed in Schedule 3; application fees and annual fees are listed by item and type. The regulations prescribe a 7% per annum interest rate for late fees for the purposes of s 64 of the Act (reg 4(2)). Annual fees for authorities are due on the yearly anniversary (reg 4(3)).
These concepts are implemented by specific operational mechanisms: prescribed offences with fines (various regs), administrative discretion held by the Registrar and Secretary (many regs), inspector access and seizure (regs 37-38), and cross-references to external standards and instruments (reg 3 and multiple regs). The instrument therefore combines procedural (applications, fees, forms), technical (protective clothing, washing facilities, notification distances) and information-control (declarations, records) levers.
Who it affects
The regulations allocate duties across several distinct groups and define who bears costs and who makes decisions.
Chemical operators and employees: Individuals engaged in handling chemical products are directly regulated. They are required to comply with medical examination requirements (reg 7), wear specified protective clothing and equipment when handling Schedule 6 or 7 poisons (reg 22), use washing facilities (reg 23), and comply with spill response (reg 24). Chemical operators who handle listed chemical products must not do so unless they or their employer hold a relevant certificate/licence as prescribed (reg 8, reg 21).
Employers and service providers: Employers who engage persons to handle Schedule 6 or 7 poisons must provide protective clothing, facilities and training, make Part 3 available to employees and take reasonable steps to ensure compliance (reg 20). Employers may also be liable for reimbursing medical examination expenses if certified by the Registrar (reg 7(5)). Businesses providing spray services for fee or reward will be captured by the “listed chemical product” definition and therefore may need commercial licences or certificates when delivering services (Sch 1 items 2-3, reg 8).
Suppliers and veterinary surgeons: Suppliers must provide advice notices or labels in the prescribed Form 1 when supplying veterinary chemical products in compliance with prescriptions (reg 39-40). Suppliers of HGP-Free tags must be approved by the Secretary (reg 32) and supply only on receipt of an authorised order form (reg 33). Veterinary surgeons must keep detailed records for two years when using or supplying veterinary chemical products (reg 41).
Registrars, Secretary and authorised persons: The Registrar has multiple decision rights: grant/refuse/condition/ suspend/cancel certificates of competency (regs 11-13), determine “small amount” thresholds (reg 8(1) small amount), make residue determinations (reg 44), require medical examinations and issue handling prohibitions (reg 7). The Registrar also approves forms and may publish notices in Gazette or web (reg 10, reg 31). The Secretary approves HGP-Free tag suppliers (reg 32). Authorised persons (as defined in reg 8) authorised by the Chief Veterinary Officer or Registrar may apply certain chemical products in official courses (reg 8(1) authorised person).
Stock agents and purchasers of livestock: Stock agents selling animals with HGP-Free tags must provide purchaser invoices including specified details (reg 38(1)) and must allow inspectors to inspect records and answer questions regarding implants or tags (reg 38(2)). Purchasers receiving tagged animals acquire documentary obligations: owners must obtain and keep HGP purchaser declarations and keep such documents for at least two years (regs 25, 36).
Owners and occupiers of premises and land managers: The Registrar can make determinations relating to groundwater, soil or premises that define residue levels likely to contaminate produce or make premises unsuitable for normal use (reg 44(2)(c)-(d)). Owners may be required to pay for testing where they have supplied contaminated stock, been convicted of certain offences, or their premises are subject to a premises use restriction (reg 45).
All suppliers and users of agricultural produce intended as stockfood: They must ensure residue levels do not exceed the Animal Feedstuffs Residue Standard or, where absent, Registrar-determined levels (reg 43). Non-compliance carries fines (reg 43(3)).
Who pays and who decides
Fees and direct costs: Applicants for permits, licences and certificates pay application and annual fees set in Schedule 3 and reg 4; the owner may pay testing costs in prescribed circumstances (reg 45). Employers may need to pay for medical examinations, reimburse expenses if required by reg 7(5), and supply protective equipment and washing facilities as required by reg 20 and 23.
Regulators and inspectors: The Registrar and the Secretary make administrative determinations and approvals. Inspectors exercise seizure and inspection powers (regs 37-38). Decisions by the Registrar can impose prohibitions on handling or require records and testing (regs 7, 11, 43-45).
Behaviour changes imposed
Commercialisation of services affects regulatory status: Using agricultural or veterinary products in delivery of a fee-for-service triggers the “listed chemical product” status (Sch 1, items 2-3), requiring certificates/licences (reg 8). That will change whether entities offering contracting services need to invest in training, certificates and licences.
Record-keeping and traceability: HGP regimes and residues rules require specific declarations, authorised order forms and two-year retention of documents (regs 25, 29, 31, 36). Stock agents must provide invoices with HGP tag numbers (reg 38(1)(d)). These measures change paperwork practices across supply chains.
Safety and occupational health: Employers must provide protective equipment and ensure compliance (reg 20). Chemical operators must wear specified equipment depending on operation (reg 22). This changes operational practices and may increase equipment and training costs.
Notification and neighbour relations: Spraying regimes prescribe notification distances and modes (reg 9), affecting how operators plan aerial or ground spraying operations and neighbour engagement.
Key duties and rights
This section sets out statutory duties, record and notice requirements and the rights and administrative safeguards contained in the instrument.
Duties
Storage and access control: Persons who keep or control any chemical product must ensure it is not readily accessible to children and that containers will not contaminate food, produce for stock, or goods kept for sale if containers break, leak or are damaged (reg 5). For Schedule 6 or 7 poisons, possession or control must ensure non-authorised persons cannot access them (reg 18).
Application by irrigation: A person must not apply an agricultural chemical product by irrigation equipment unless the label permits that method or the person holds a permit under s 29 of the Act (reg 6).
Protective clothing and facilities: Employers must provide necessary protective clothing, facilities and materials to enable safe handling of Schedule 6 or 7 poisons and must make this Part readily available to employees; take steps to ensure awareness and compliance (reg 20). Chemical operators must wear prescribed clothing during handling tasks (reg 22), and ensure contaminated clothing is cleaned before reuse (reg 22(6)). Washing facilities must be available where concentrates are mixed and for spray operations (reg 23).
Medical examinations and employer obligations: If the Registrar requires a medical examination, the chemical operator must comply (reg 7(3)). Employers must allow leave and pay normal remuneration for attendance (reg 7(4)); may have reimbursement obligations if the Registrar certifies employment contributed to health issues (reg 7(5)).
Certificates and licences: Persons wishing to handle listed chemical products in commercial contexts must apply for and hold certificates of competency or commercial operator licences as prescribed (reg 8, regs 10-15). Applications must be in forms approved by the Registrar and include information reasonably required (reg 10). Holders must pay annual fees on the anniversary (reg 4(3), reg 15).
HGP controls: Persons who sign hormonal growth promotant purchaser declarations must be given a copy by the supplier and keep it for two years (reg 25). Possession of HGPs is tightly restricted (reg 26). Implanting, earmarking, tagging and record-keeping for implanted animals are subject to specific duties (regs 27-36). Suppliers of HGP-Free tags may only be approved persons and must supply tags only on receipt of authorised order forms (regs 31-33). Stock agents have invoice and record obligations when selling tagged animals (reg 38(1)).
Residues and stockfood: Suppliers or users of agricultural produce intended as stockfood must ensure residue levels do not exceed the Animal Feedstuffs Residue Standard or Registrar-determined levels (reg 43). False or misleading statements about residues are penalised (reg 46).
Rights and administrative safeguards
Notice and opportunity to comment before adverse actions: Before suspending or cancelling a certificate of competency or refusing an application, the Registrar must give the holder or applicant notice of reasons and an opportunity to submit written comments (reg 13).
Registrar discretion with reporting and notice obligations: If the Registrar is satisfied that a chemical operator has absorbed harmful quantities, the Registrar must provide a written notice and may prohibit handling, and must provide copies to employers who appear to have employed the operator (reg 7(8)).
Reimbursement and employer protections: Employers can be required to reimburse reasonable expenses for medical examinations only if certain criteria are met, including a Registrar’s certification that handling the chemical product on behalf of that employer contributed to the need for examination (reg 7(5)). This sets a test and a procedural step (Registrar certification) before employer cost allocation.
Defence on HGP-Free tag supply: A supplier charged under reg 33(2) has a defence if they can show they received a completed form that they had reason to believe was an authorised order form (reg 33(3)). That is a fact-based, evidentiary defence.
Record access: Stock agents must allow inspectors to inspect and copy records and must assist inspectors reasonably (reg 38(2)), but the requirement is framed as an obligation rather than immediate forfeiture of records.
Procedural mechanisms
Forms and approvals: Applications must be in forms approved by the Registrar (reg 10) and authorised order forms are provided by the Registrar of Animal Brands in an approved form (reg 31). Advice notices or labels must follow Form 1 (reg 39). The Secretary approves suppliers of HGP-Free tags by Gazette notice (reg 32). These mechanisms centralise administrative control over form content and supplier lists.
Fees and interest: Fees prescribed in Schedule 3 are payable and late fee interest is 7% per annum (reg 4(2)). Annual fees are due on the certification anniversary (reg 4(3)).
Inspector powers and enforcement: Inspectors may seize HGP-Free tags where misuse is reasonably suspected (reg 37) and may inspect records of stock agents (reg 38(2)). Testing costs may be assigned to owners under specified reasons (reg 45).
These duties and rights create a framework of ex ante compliance tasks (training, PPE, forms, fees, certificates) and ex post administrative checks (inspector access, medical testing, residue determinations, seizure powers), with specified notice and comment rights for certificate holders (reg 13).
Penalties and enforcement
The regulations establish monetary penalties (expressed as fines up to specified numbers of penalty units) for a broad range of contraventions, and they embed administrative enforcement tools involving the Registrar, Secretary and inspectors.
Monetary penalties
Storage and contamination: Failure to ensure chemical products are not readily accessible to children and that containers will not contaminate food, stockfeed or goods carries a maximum fine of 50 penalty units (reg 5).
Irrigation application: Unauthorised use of irrigation equipment to apply agricultural products carries a maximum fine of 50 penalty units (reg 6).
Medical examination non-compliance: Chemical operators who refuse to comply with a Registrar’s requirement to undergo medical examination may be fined up to 20 penalty units (reg 7(3)). Employers who fail to comply with related employment obligations risk other compliance consequences because reg 7(4)-(5) sets entitlement rules.
Schedule 6/7 protective duties: Failing to keep protective clothing and equipment in good order, or to wear required protective gear or follow cleaning protocols, carries fines generally not exceeding 20 penalty units (regs 19, 22). Employers who fail to provide equipment or ensure employee awareness face fines not exceeding 50 penalty units (reg 20).
HGP offences: Several HGP-related contraventions carry fines up to 100 penalty units: possession of an HGP without satisfying the statutory categories (reg 26), applying tags without meeting prescribed conditions (reg 34), procuring HGP-Free tags without following authorised procedures (reg 30), supplying tags without approval or on unauthorised forms (reg 33), and failing to earmark on implanting (reg 28) carry such penalties. Record-keeping offences (reg 29, reg 36) and stock agent obligations (reg 38(1)) carry fines up to 50 penalty units in some instances.
Residues and false statements: Contravening maximum permitted concentrations for stockfood (reg 43) can lead to fines up to 100 penalty units (reg 43(3)(a)) where the condition arises under subregulation (1); where the condition arises under subregulation (2) the fine may be up to 50 penalty units (reg 43(3)(b)). Making false or misleading statements about residues is an offence with a maximum fine of 100 penalty units (reg 46).
Enforcement powers and administrative mechanisms
Registrar’s powers to restrict handling: The Registrar can prohibit a chemical operator from handling a chemical product, either indefinitely or for a specified period, after considering a medical report showing absorption of harmful quantities (reg 7(8)(b)). The Registrar must provide written notice to the operator and copy the notice to employers who appear to have employed the operator to handle the relevant chemicals (reg 7(8)(a),(c)). Persons must not contravene such a prohibition nor employ someone in contravention without written Registrar consent (reg 7(9)).
Certificate suspension and cancellation: The Registrar may suspend or cancel certificates of competency for non-compliance with conditions, conviction of relevant offences, unpaid annual fees, discovery of information that would have prevented grant, or inability to competently and safely handle listed products (reg 12). Notices must specify the effective date and, if suspension, period or conditions (reg 12(2)).
Inspector powers: Inspectors can seize HGP-Free tags if they reasonably believe the tag is in possession of an unauthorised person or has been improperly disposed of or attached contrary to the Act/regulations (reg 37). Inspectors may inspect and copy stock agent records, take extracts, ask questions and require reasonable assistance (reg 38(2)).
Requirement to pay testing costs: The Registrar can require testing of samples at the owner’s expense for specified reasons set out in reg 45, notably where within the prior year the owner supplied contaminated stock, supplied contaminated produce, was convicted of specified offences, or where premises are subject to restriction notices and testing is reasonably required to monitor compliance or the need for the restriction (reg 45).
Procedural limits: Before suspending or cancelling certificates or refusing an application, the Registrar must give notice of reasons and permit written comments (reg 13). For HGP-Free tags, authorised order forms must be provided by the Registrar of Animal Brands after validating declarations (reg 31), and suppliers approved by the Secretary must supply tags only on authorised orders (regs 32-33), with a statutory defence available to a supplier who received a form they reasonably believed to be authorised (reg 33(3)).
Fee enforcement and interest
Fees are payable as prescribed in Schedule 3; an application fee may be required to be paid by written requirement from the Registrar and constitutes a debt to the Crown recoverable in court (reg 11(4)-(5)). The interest rate for overdue fees within the meaning of s 64 of the Act is 7% per annum (reg 4(2)).
Enforcement risk and implementation features
Prosecution and summary conviction: Penalties are framed as fines “not exceeding” specified penalty units and are enforced on summary conviction where sections refer to penalties; many offences do not explicitly proscribe imprisonment, the instrument focuses on pecuniary penalties, record-keeping obligations and administrative prohibitions.
Discretion-based enforcement: The Registrar’s discretion to determine “small amount” thresholds, to vary certificates, to determine residue levels for specified areas, and to certify employer responsibility for medical examination reimbursement introduces enforcement contingent on administrative determinations. That concentrates implementation discretion in the Registrar and the Secretary (see regs 8(1) small amount, 11(6), 44(2), 7(5)).
Cross-instrument enforcement: Several enforcement provisions rely on external standards (Poison Schedules, Animal Feedstuffs Residue Standard, Drinking Water Guidelines) which are not contained in this instrument but are incorporated by reference (reg 3 definition of Animal Feedstuffs Residue Standard; regs 9, 42, 43, 44). Inspectors and courts will apply those external standards when assessing compliance.
Collectively, the instrument combines criminal fines with administrative prohibitions, seizure, testing cost allocation and licensing/certification as the enforcement mix, operating through the Registrar, Secretary and inspectors.
How it interacts with other laws
The regulations are implementation-level rules that operate in an ecosystem of Commonwealth and State instruments. The instrument explicitly cross-references and incorporates external instruments, statutes and standards; compliance therefore requires awareness of multiple legal texts.
Direct statutory cross-references
Agricultural and Veterinary Chemicals (Control of Use) Act 1995 (the Act): The regulations repeatedly operate for the purposes of specified sections of the Act. Examples include prescribing classes of chemical products for s 21 (reg 8), prescribing notification classes and distances for ss 31(1) and (2) (reg 9), specifying forms for advice notices required under s 18(1)(d) (reg 39), and prescribing information for the purposes of s 37 (reg 42). The regulations cannot be read in isolation; they implement and give operational detail to the Act’s framework.
Agvet Regulations of Tasmania and Agvet Code MRL Instrument 2019: The definition of “current Poisons Standard” is imported via the Agvet Regulations of Tasmania (reg 3). The Animal Feedstuffs Residue Standard referenced in reg 3 is taken from table 4 of Part 2 of Schedule 1 to the Agricultural and Veterinary Chemicals Code (MRL Standard) Instrument 2019 of the Commonwealth; the regulations allow replacement documents published by a Commonwealth Department to substitute (reg 3). That ties residue obligations to a Commonwealth MRL instrument.
Animal (Brands and Movement) Act 1984 and Animal (Brands and Movement) Regulations 2014: HGP and tagging provisions reference the Registrar of Animal Brands and tail tags registered under the Animal (Brands and Movement) Act 1984 (reg 3 definitions, regs 30-31). Property identification codes are defined with respect to the Animal (Brands and Movement) Regulations 2014 (reg 27(1)). The regulations therefore interface with animal identification and movement legislation at State level.
Poisons Act 1971 and Poisons Standard: The Poisons Act 1971 is referenced as a source of offences relevant to assignment of testing costs (reg 45(a)(iv)). The “current Poisons Standard” is used throughout to define which products are Schedule 5, 6 or 7 poisons for the purposes of notification, protective requirements and prescribed information (reg 3, regs 9, 17, 42).
National standards and guidelines: The Australian Drinking Water Guidelines (NHMRC) are specifically referenced in reg 44(2)(b) to define acceptable levels for drinking water in the context of “adversely affects” under s 30(3) of the Act. The instrument thereby aligns some environmental safety thresholds with national guidance.
Mechanisms and consequences of cross-references
Dynamic incorporation: By referencing the “current Poisons Standard” and the Animal Feedstuffs Residue Standard and permitting replacement documents published by Commonwealth Departments (reg 3), the regulations create a dynamic linkage. Changes to those external documents will alter the legal obligations of Tasmanian regulated parties without amendment of these regulations. That assigns to regulated parties the ongoing compliance cost of monitoring external standards.
Overlap and potential duplication: Some obligations under these regulations may overlap with requirements under the Poisons Act, Commonwealth MRL rules and other state animal movement or livestock traceability laws. For example, veterinary surgeons’ obligations to record treatments under reg 41 intersect with Poisons Act prescription regimes and with animal movement and identification regimes under the Animal (Brands and Movement) framework. Practitioners and businesses should treat these regulations as part of a broader compliance matrix.
Administrative coordination: Several duties are allocated to different agencies or officers: the Registrar for chemical control functions, the Registrar of Animal Brands for authorised order forms, and the Secretary for approving HGP-Free tag suppliers. That requires inter-agency processes for verifying declarations, issuing forms and inputting approvals, particularly for HGP control. The instrument anticipates coordination by referencing those other offices (regs 31-33).
Enforcement linkage: Reg 45 allows the Registrar to require owners to fund testing where the owner has been convicted of specified offences, including those under the Act and the Poisons Act (reg 45(a)(iii)-(iv)). Thus, offences prosecuted under one statute can influence the application of obligations and costs under another.
National voluntary schemes and industry instruments: The definition of “national vendor declaration” includes SAFEMEAT’s Livestock Production Assurance NVD and PigPass for pigs, making those commercial/industry declarations part of the legal compliance architecture for HGP declarations (reg 3). That integrates industry-managed traceability and assurance mechanisms into the statutory regime.
Practical implication
To assess compliance, regulated entities must read these regulations together with the Act, the Agvet Regulations of Tasmania, the Poisons Standard, the Agvet Code MRL Instrument 2019, relevant animal movement/identification statutes and industry declarations (SAFEMEAT, PigPass). Decision rights dispersed across multiple agencies require parties to identify the correct decision maker (Registrar vs Registrar of Animal Brands vs Secretary). Because the instrument references external standards that can be updated without amendment to the regulations, compliance requires active monitoring of those external standards.
Amendment history
The instrument itself contains limited internal amendment history. The available textual metadata in the instrument indicates the following.
Commencement and notification: Regulation 2 states the regulations take effect on the day their making is notified in the Gazette. The instrument includes a notice line stating it was notified in the Gazette on 20 April 2022 and that it is administered by the Department of Natural Resources and Environment Tasmania. That provides the initial publication and commencement timestamp for this consolidated text.
Referential amendment mechanisms: Several provisions explicitly allow substitution of external documents published by Commonwealth departments as replacements for included tables or standards (reg 3 definition of Animal Feedstuffs Residue Standard permits replacement documents published by a Department of the Commonwealth Government). The regulations therefore anticipate updates to external instruments without making internal amendments.
Fee schedule: Schedule 3 sets fees and fee units for a range of authorities, certificates and licences; these figures are fixed in the Schedule and can be amended only by legislative instrument amendment. The Schedule includes Part 1 Authorities, Part 2 Certificates of Competency and Part 3 Other Fees and appears to have been displayed and numbered in accordance with the Rules Publication Act 1953.
What the instrument does not record
The instrument text included here does not provide a history of prior amendments, repeals or prior versions. It does not list dates of amendment beyond the notification date for the instrument itself. There is no internal record of amendment numbers, earlier versions, or transitional provisions in the provided text.
How to check for amendments
Users needing an amendment history should consult the official Tasmanian statutes and legislative instruments register, the Gazette archives (for notices of amendment), and any consolidation notes provided by the parliamentary counsel or responsible department. Because the instrument relies on external documents for key substantive thresholds (e.g. current Poisons Standard, Agvet Code MRL Instrument), it is also necessary to review the amendment history and current text of those external instruments.
Administrative notes
Administration is allocated to the Department of Natural Resources and Environment Tasmania (final note in the instrument). For operational queries or to confirm later amendments, the Department and the Tasmanian legislation website would be the primary points of contact.
In short, the instrument itself was notified on 20 April 2022; it contains no internal change log or multiple amendment entries in the supplied text. Users should verify whether subsequent amendments have been made by consulting the official Tasmanian legislation database and Gazette notifications.
Litigation history
The regulations as provided contain no citations to, or records of, judicial decisions, appeals or litigation involving these specific regulations. The text does not name any cases or judicial interpretations. Therefore:
There is no litigation history recorded within this instrument. The instrument does not reference any judicial authority or precedent that interprets its provisions.
Enforcement activity implied by the regulations (prosecutions for fines, seizure of tags, suspension/cancellation of certificates) would generate litigation in the courts or administrative tribunals only after enforcement action is taken by inspectors, prosecutors, or the Registrar. Such litigation, if it exists, is not reflected in this text.
Implications for practitioners
Because no judicial interpretations are supplied, the drafting choices in the regulations,such as the use of terms that rely on external instruments (“current Poisons Standard”, “Animal Feedstuffs Residue Standard”), the Registrar’s discretionary powers (regs 7, 11, 44) and the definitions of offences,are untested in the supplied instrument. That creates legal uncertainty where terms are vague or where discretion is broad.
Practitioners and compliance officers should therefore plan for potential legal challenge scenarios, for example:
Disputes about whether a particular product is a “Schedule 6 or 7 poison” under the current Poisons Standard (reg 17, reg 9).
Challenges to a Registrar’s decision to suspend/cancel a certificate (regs 11-13); reg 13 requires notice and the opportunity to submit written comments prior to a proposed action, which sets out a procedural safeguard that could be the subject of review.
Owner disputes over allocation of testing costs where the owner asserts the Registrar’s prescribed reasons in reg 45 are not met.
Challenges to seizure of HGP-Free tags (reg 37) on the basis that the inspector lacked reasonable grounds.
If litigation arises, the primary factual and legal battles are likely to concern the adequacy of procedural steps (notice, opportunity to comment), interpretation of external standards incorporated by reference, factual grounds for inspector seizures, and the reasonableness of Registrar determinations.
Where to look for actual case law
To find any existing litigation interpreting these regulations, search Tasmanian magistrates' court and Supreme Court records, administrative tribunal decisions, and prosecution records. Also search legal databases and government enforcement reports. Because the instrument does not provide cases, those searches are external to the text.
Gotchas
This instrument contains multiple technical traps and practical pitfalls that can catch regulated parties unprepared. Below are specific points extracted from the text that routinely give rise to compliance errors or implementation costs.
Listed chemical product triggers for commercial use (Sch 1 items 2-3)
Sch 1 makes any agricultural or veterinary chemical product a “listed chemical product” when used in the delivery of a service for fee or other reward. That means many contractors and service providers (e.g. pest control, agricultural spraying contractors, veterinary service providers delivering treatments for a fee) must hold appropriate certificates or licences under reg 8 and pay associated fees in Sch 3. Treat each fee-for-service use as a potential licensing trigger; small amounts may be exempt only if the Registrar determines a “small amount” via Gazette or website notice (reg 8(1) small amount), which is an administrative determination you must check.
“Small amount” is an administrative construct (reg 8(1))
The exemption for use of only a “small amount” depends on the Registrar publishing a determination (Gazette or website). If no such notice exists, the exemption does not apply. Do not assume casual small-volume work is exempt; confirm whether a “small amount” determination has been published.
Dynamic incorporation of external standards (reg 3, regs 9, 42-44)
The regulations import the “current Poisons Standard”, the Animal Feedstuffs Residue Standard (MRL table) and the Australian Drinking Water Guidelines by reference. These external standards can change without amendment of these regulations. Compliance therefore requires active monitoring of those external sources. MRLs or Poison Schedules that change can alter whether protective clothing rules, notification duties or residue limits apply.
HGP chain-of-custody and tagging rules are multi-step and document-heavy (regs 25-36)
Possessing HGPs requires meeting one of several conditions (reg 26). Obtaining and applying HGP-Free tags requires a valid HGP-Free Declaration, an authorised order form from the Registrar of Animal Brands and approved tag suppliers (regs 30-33). Suppliers must check forms before supply (reg 33(2)), but they have a statutory defence only if they reasonably believed a form was authorised (reg 33(3)). Failure to keep purchaser declarations or records for two years exposes persons to penalties (regs 25, 29, 36). A missing document at sale can convert an otherwise lawful stock transfer into an offence.
Inspector seizure and record access are broad (regs 37-38)
Inspectors can seize HGP-Free tags on reasonable grounds (reg 37) and can inspect stock agent records at reasonable times (reg 38(2)). Seizure and inspection can disrupt business operations and supply chains. Maintain robust records and an audit trail.
Employer obligations to pay and reimburse (reg 7(4)-(5))
Employers must allow time off and pay normal remuneration for attendance at Registrar-required medical examinations (reg 7(4)). Employers may also be required to reimburse reasonable expenses if the Registrar certifies that handling the chemical product on behalf of that employer contributed to the need for the examination (reg 7(5)). The Registrar’s certification is a gate to employer liability; employers should keep precise work-allocation and exposure records.
Annual fees for authorities are due on the yearly anniversary (reg 4(3)). The Registrar may require payment of application fees in writing and those fees are a debt due to the Crown and recoverable in court if unpaid (reg 11(4)-(5)). Mark anniversaries and payment deadlines; late payment also attracts the 7% per annum interest rate (reg 4(2)).
Residue liabilities and testing at owner expense (regs 43-45)
Supply/use of agricultural produce for stockfood must meet MRL limits in the Animal Feedstuffs Residue Standard or Registrar-determined levels (reg 43). Reg 45 allows the Registrar to require testing at the owner’s expense where, among other situations, the owner has supplied contaminated stock or been convicted of certain offences within the prior year (reg 45(a)(i)-(iii)). If contamination is alleged, testing costs can be shifted to owners; maintain supply-chain traceability and testing records.
Procedural safeguards can be relied upon but are limited (reg 13)
Reg 13 requires the Registrar to give notice of reasons and opportunity to comment before suspending/cancelling or refusing to grant certificates. Parties should use this procedural right to submit written evidence. However, the text does not guarantee an oral hearing or wider appeal rights; check the Act for review avenues.
Definitions of “enclosed building”, “respirator” and “spray operation” matter operationally (reg 17, reg 22)
For example, respirators are required when handling concentrates in certain contexts, during spray operations, or in enclosed buildings (reg 22(2), (4), (5)). Determine whether particular workspaces qualify as “enclosed buildings” (reg 17) and whether a given operation is a “spray operation” (reg 17) to assess PPE requirements.
Multiple decision-makers across agencies
The Registrar, the Registrar of Animal Brands and the Secretary each have specific roles (regs 31-33, regs 11-13). That requires coordinated interactions and may slow approvals (e.g. authorised order forms from Registrar of Animal Brands in reg 31 are a necessary step for tag purchase). Plan administrative lead times into operations.
Penalty unit amounts are fixed in the text but monetary value requires reference
Fines are expressed in penalty units (e.g. up to 100 penalty units in regs 26, 34, 46). Penalty unit monetary value may be set elsewhere in Tasmanian law; do not assume a dollar amount without checking the relevant penalty unit value schedule.
These are concrete compliance “gotchas” drawn from the regulatory text. Each item links to a particular provision and represents a point at which operational reality can diverge from apparent compliance if the step is overlooked.
How to comply
This section states practical, text-grounded steps to meet the obligations imposed by the regulations. It organises compliance into an operational checklist mapped to particular regulatory provisions.
Identify whether your product or activity is “listed”
Check Schedule 1. If you use agricultural or veterinary products in delivering a service for fee or other reward, those uses are a “listed chemical product” and trigger licensing/certification obligations (Sch 1 items 2-3; reg 8). If you handle methyl bromide or phosphine, Sch 1 items 1 and 4 apply.
Apply for and maintain required certificates/licenses
If captured by reg 8 you must apply to the Registrar for the appropriate certificate of competency (reg 10). Use the Registrar-approved form and provide all information reasonably required (reg 10(2)). Expect to pay application and annual fees per Schedule 3 (Sch 3 Part 2 for certificates; Sch 3 Part 1 for operator licences). Certificates run for up to 5 years (reg 14) and annual fees are due on the anniversary (reg 4(3), reg 15). Keep evidence of payment and anniversaries.
Ensure employer obligations for PPE, facilities and training
Employers who engage persons to handle Schedule 6 or 7 poisons must supply protective clothing, facilities and materials and take reasonable steps to ensure awareness and compliance (reg 20). Implement written procedures, a PPE register, cleaning protocols for contaminated clothing (reg 22(6)), and ensure plentiful soap and water for mixing and spray operations (reg 23).
Implement operational controls for handling and storing
Ensure chemical products are secured against child access and stored so that container failure will not contaminate food, produce or saleable goods (reg 5). For Schedule 6/7 poisons, restrict access to authorised persons only (reg 18). Maintain storage logs and access records.
Prepare for medical examination requirements
Maintain exposure records for chemical operators and ensure they understand that the Registrar can require medical examinations where there are reasonable grounds (reg 7(1)-(3)). Employers should allow time off and pay normal remuneration for attendance (reg 7(4)). Keep records of medical costs and be prepared to apply to the Registrar for certification if reimbursement is sought (reg 7(5)).
Meet protective clothing and respirator rules
For tasks listed in reg 22, ensure staff wear clean cotton overalls, hats and boots at all times while handling Schedule 6/7 poisons; add gloves and face shield when diluting or transferring concentrates; respirators and gloves for fine dust, spray operations and enclosed building work. Maintain inspection and replacement logs and training on correct donning/doffing and cleaning.
Follow agricultural spraying notification and modes
If using products that are Schedule 6 or 7 poisons per the current Poisons Standard (reg 9(1)), notify neighbours as required under s 31 of the Act using the distances: 1 km for aircraft application and 100 m for other means (reg 9(2)). Treat spraying manners including liquids, mists and dust dispersal as subject to notification requirements (reg 9(3)).
Comply with HGP purchasing, possession, tagging and records regime
If procuring HGPs: obtain and sign the hormonal growth promotant purchaser declaration and ensure the supplier gives and you keep a copy for two years (reg 25). Possession rules: confirm either your supplier unique notification number under Agvet Regulations Tasmania reg 47(1) or that you have signed the purchaser declaration (reg 26). For HGP-Free tags, complete the HGP-Free Declaration, obtain the authorised order form from the Registrar of Animal Brands before ordering supplier-approved tags (regs 30-33, 31). Keep records of purchases, implantations, tag application and sales for at least two years (regs 29, 36). Stock agents must produce purchaser invoices with required statements and HGP-Free tag numbers on sale (reg 38(1)). Maintain an auditable chain of custody.
Maintain veterinary surgeon records and provide labels
Veterinary surgeons must make and keep records for at least two years including owner name and address, animal description, treatment date, directions and withholding periods based on advice notices or labels (reg 41). When supplying veterinary chemical products in compliance with prescriptions, provide the Form 1 advice notice or label (regs 39-40).
Monitor and comply with residue standards
When supplying or using agricultural produce intended for stockfood, ensure residues do not exceed levels in the Animal Feedstuffs Residue Standard (reg 43(1)-(2)). If no level is present in the Standard, monitor for Registrar-determined levels published in the Gazette or in written notice (reg 43(2)(b)(ii)). Maintain records of testing and treatment histories to rebut contamination claims. Where the Registrar provides determinations under reg 44 about soil, groundwater or premises, ensure operations do not result in concentrations likely to contaminate produce or make premises unsuitable (reg 44(2)(c)-(d)).
Keep records and document retention
Maintain all statutory records for the required periods: purchaser declarations and HGP records for two years (regs 25, 29, 36), veterinary treatment records for two years (reg 41). Keep invoices and documentary evidence referenced in reg 34(2) and reg 35(2) as these are statutory evidentiary materials for HGP-Free declarations. Document retention must be organised, searchable and backed up.
Prepare for inspector access and seizure
Ensure records are accessible for inspectors at reasonable times and provide reasonable assistance (reg 38(2)). Prepare procedures for responding to tag seizure or inspector requests under reg 37-38. Designate an officer to liaise with inspectors and to maintain chain-of-custody documentation.
Fee compliance and payment processes
Compile an internal schedule of application and annual fees from Schedule 3. Ensure systems record due dates (annual anniversaries) and apply payments timely to avoid debt recovery and interest (reg 4(2)-(3), reg 11(4)-(5)). Record all receipts.
Appeal and procedural steps
Where a certificate is proposed to be suspended, cancelled or refused, the Registrar must give notice of reasons and an opportunity to submit written comments (reg 13). Use this right and prepare documentation and written submissions in any contested matter. Seek advice on review or appeal rights under the Act and administrative law.
Monitor external instruments and Gazette notices
Regularly check the Gazettes, the Department’s website and the Registrar publications for “small amount” determinations, residue determinations under reg 44, approved suppliers lists under reg 32 and any other notices (reg 8(1), reg 31, reg 32, reg 44(3)). Changes in external instruments (Poison Standard, MRL Standard, Drinking Water Guidelines) can alter compliance obligations without amendment to these regulations.
Ensure coordinated inter-agency compliance
For HGP and animal identification matters, coordinate with the Registrar of Animal Brands and ensure property identification codes and tag approvals match the Animal (Brands and Movement) systems (reg 27, reg 31). For MRL and residues, coordinate testing and reporting with relevant Commonwealth Department standards per reg 3.
Operational checklists
Daily/operational: PPE availability and condition checks (reg 19, reg 22); secure storage checks (reg 5, reg 18); label/advice notices present with products (reg 39-40).
Weekly/monthly: Staff competency reviews and certificate renewals calendar review (regs 10-15); monitoring of Gazette and Registrar notices; record backups.
Event-driven: Before providing a fee-for-service, check whether product use triggers “listed” status and certificate requirements; before shipping stockfood, test against Animal Feedstuffs Residue Standard; before applying HGP-Free tag, ensure authorised order form and HGP-Free Declaration are in place (regs 30-33, reg 43).
Following this text-grounded compliance roadmap aligns operational practice with the specific regulatory obligations set out in these regulations. For contested or ambiguous issues, engage the Registrar, the Department, or legal counsel familiar with the Act and the Agvet Regulations of Tasmania to secure authoritative interpretations.
HGP-Free Declaration means a declaration, contained in a national vendor declaration, that stock has not been treated with a hormonal growth promotant;
HGP-Free tag means a tag registered under the Animal (Brands and Movement) Act 1984 for use to identify HGP-free stock;
hormonal growth promotant purchaser declaration means a declaration made in accordance with regulation 48 of the Agvet Regulations of Tasmania;
listed chemical product means a chemical product, or a chemical product of a class of chemical products, specified in Schedule 1 ;
national vendor declaration means –
(a) a declaration and waybill approved and published by SAFEMEAT as part of the Livestock Production Assurance system, as amended or substituted from time to time; or
(b) in the case of pigs, a declaration (known as PigPass) approved and published by Australian Pork Limited (ABN 83 092 783 278) as amended or substituted from time to time.;
Registrar of Animal Brands means the Registrar of Animal Brands appointed and holding office under section 5 of theAnimal (Brands and Movement) Act 1984 ;
SAFEMEAT means the consultative partnership, consisting of representatives from the Commonwealth government and the red meat and livestock industry, established to ensure the safety and hygiene of red meat and livestock;
tail tag means a registered tail tag, within the meaning of the Animal (Brands and Movement) Act 1984 , which contains an identification of the property on which animals are managed by the proprietor of the tag.
(2) In these regulations, unless the contrary intention appears, a reference to a form identified with a number is a reference to the form with that number contained in Schedule 2 .
4 Fees
4 Fees
(1) The fees set out in Schedule 3 are prescribed as the fees payable in respect of the matters to which they relate.
(2) For the purposes of section 64 of the Act, the rate at which a fee due bears interest is 7% per annum.
(3) For the purposes of the Act, an annual fee in respect of an authority, within the meaning of Schedule 5 of the Act, is due on the yearly anniversary of the authority.
Part 2 Chemical Products Generally
Part 2 Chemical Products Generally
5 Storage of chemical product
5 Storage of chemical product
A person who keeps or has control of a chemical product must ensure –
(a) that it is not readily accessible to children when it is being kept; and
(b) that it will not, either as it is kept or in the event of the container in which it is kept breaking, leaking or being damaged, contaminate –
(i) food intended for human consumption; or
(ii) produce intended to be fed to stock; or
(iii) goods or materials kept for sale.
Penalty: Fine not exceeding 50 penalty units.
6 Prohibition on applying agricultural chemical product by irrigation
6 Prohibition on applying agricultural chemical product by irrigation
A person must not apply an agricultural chemical product by means of equipment designed for irrigation purposes unless –
(a) the advice notice or label accompanying the agricultural chemical product specifies that it may be applied by those means; or
(b) the person has a permit under section 29 of the Act which permits the application of the agricultural chemical product by those means.
Penalty: Fine not exceeding 50 penalty units.
7 Medical examination
7 Medical examination
(1) If the Registrar has reason to believe that the health of a chemical operator may have been affected by the handling of a chemical product, the Registrar may require the chemical operator to undergo a medical examination –
(a) by a registered medical practitioner at the time and place specified in the requirement; or
(b) by a registered medical practitioner as arranged by the chemical operator and approved by the Registrar.
(2) A requirement under subregulation (1) for a chemical operator to undergo a medical examination is to be made by written notice provided to the chemical operator.
(3) A chemical operator must comply with a requirement to undergo a medical examination made under subregulation (2) .
Penalty: Fine not exceeding 20 penalty units.
(4) The employer of a chemical operator who is required under subregulation (1) to undergo a medical examination is to –
(a) allow the chemical operator to be absent from employment for the purpose of attending the medical examination; and
(b) if the chemical operator is absent from employment under paragraph (a) , pay the chemical operator the remuneration that the chemical operator would have received if he or she had remained at the place of employment during the time when he or she is absent for the purpose of attending the medical examination.
(5) A person is to, on the demand of a chemical operator who is required under subregulation (1) to undergo a medical examination, reimburse the chemical operator for the reasonable expenses incurred by the chemical operator in complying with that requirement if –
(a) the person employed the chemical operator in handling a chemical product or class of chemical products before the requirement was made; and
(b) the requirement was made in relation to that chemical product or class of chemical products; and
(c) the Registrar certifies that there are reasonable grounds for believing that the handling of that chemical product or class of chemical products on behalf of that person contributed to the need for making that requirement.
(6) The Registrar may make any arrangements he or she considers appropriate to facilitate the carrying out of a medical examination required under subregulation (1) .
(7) The medical practitioner carrying out a medical examination in response to a requirement made under subregulation (1) –
(a) may take, or require the taking of, samples of blood and other substances; and
(b) may have those samples tested; and
(c) is to provide the Registrar with a report on the results of the medical examination and the testing of any samples taken.
(8) If the Registrar is satisfied, after considering the report of the medical practitioner, that a chemical operator is absorbing or has absorbed a chemical product, or one or more chemical products of a class of chemical products, in quantities that are adversely affecting, or are likely to adversely affect, the health of the chemical operator, the Registrar –
(a) must provide the chemical operator with a written notice stating that fact; and
(b) may, by a further written notice provided to the chemical operator, prohibit the chemical operator from handling that chemical product or any chemical product of that class, or from performing the operations specified in the notice, indefinitely or for the period specified in the notice; and
(c) must provide a copy of all notices provided under paragraphs (a) and (b) to all persons who appear to the Registrar to have employed the chemical operator to handle that chemical product or any chemical product of that class when, or after the time at which, the chemical operator was provided with the requirement to undergo a medical examination.
(9) If a chemical operator has been prohibited, by a notice under subregulation (8)(b) , from handling a chemical product or any chemical product of a class of chemical products or from performing an operation –
(a) the chemical operator must not, except with the written consent of the Registrar, contravene that notice; and
(b) a person who has been provided with a copy of that notice must not, except with the written consent of the Registrar, employ the chemical operator to handle a chemical product or perform an operation in contravention of that notice.
Penalty: Fine not exceeding 20 penalty units.
8 Chemical products requiring commercial chemical operator licence
8 Chemical products requiring commercial chemical operator licence
(1) In this regulation –
authorised person means a person who is –
(a) appointed or employed under the State Service Act 2000 for the purposes of the Department; and
(b) authorised by the Chief Veterinary Officer or the Registrar to apply the relevant agricultural chemical product, relevant veterinary chemical product or a class of chemical products of which the relevant agricultural chemical product or relevant veterinary chemical product is a member;
small amount means the amount of a chemical product that the Registrar, by notice published –
(a) in the Gazette; or
(b) on a website maintained by or on behalf of the Department; or
(c) both –
determines to be a small amount.
(2) The following classes of chemical products are prescribed for the purposes of section 21 of the Act:
(a) any agricultural chemical product except when –
(i) only a small amount of the agricultural chemical product is being used and that small amount is being applied by hand-held equipment for a purpose only incidental to the main service that is being provided for fee or other reward; or
(ii) that agricultural chemical product is being applied by the Registrar, an authorised person or a veterinary surgeon in the course of his or her profession;
(b) any veterinary chemical product except when –
(i) only a small amount of the veterinary chemical product is being used and that small amount is being applied by hand-held equipment for a purpose only incidental to the main service that is being provided for fee or other reward; or
(ii) that veterinary chemical product is being applied by the Registrar, an authorised person or a veterinary surgeon in the course of his or her profession.
9 Notification to neighbours of agricultural spraying
9 Notification to neighbours of agricultural spraying
(1) The following classes of agricultural chemical products are prescribed for the purposes of sections 31(1)(a) and (2)(a) of the Act:
(a) any agricultural chemical product listed, or which contains a constituent listed, in Schedule 6 to the current Poisons Standard;
(b) any agricultural chemical product listed, or which contains a constituent listed, in Schedule 7 to the current Poisons Standard.
(2) The following distances are prescribed for the purposes of sections 31(1)(b) and (2)(b) of the Act:
(a) one kilometre if the agricultural chemical product is to be applied by aircraft;
(b) 100 metres if the agricultural chemical product is to be applied by any other means.
(3) The following manners of carrying out agricultural spraying are prescribed for the purposes of section 31(1)(c) of the Act:
(a) spraying a liquid;
(b) generating a mist;
(c) dispersing a dust.
10 Application for certificate of competency to handle or use listed chemical products
10 Application for certificate of competency to handle or use listed chemical products
(1) A person may apply to the Registrar for a certificate of competency in respect of that chemical product or the class of chemical products of which that chemical product is a member.
(2) An application must –
(a) be in a form approved by the Registrar; and
(b) include any information that the Registrar reasonably requires; and
(c) be lodged with the Registrar.
11 Grant or refusal of certificate of competency
11 Grant or refusal of certificate of competency
(1) The Registrar may grant or refuse to grant a certificate of competency in respect of –
(a) a listed chemical product; or
(b) a class of chemical products of which a listed chemical product is a member.
(2) The following are the types of certificate of competency which may be granted:
(a) category 1 chemical user;
(b) category 2 chemical user;
(c) category 3 chemical user;
(d) pest management technician;
(e) methyl bromide or phosphine user.
(3) A certificate of competency is subject to any conditions specified in it.
(4) On determining to grant or refuse to grant a ce
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