Agricultural Chemicals Distribution Control Act 1966
In ForceQLD
Jurisdiction
Queensland
Act Number
27 of 1966
Collection
act
Plain English Summary
7/10 complexity
This Act creates a licensing and enforcement framework for aerial and ground distribution of agricultural chemicals. It sets licence classes for pilots, aerial and ground contractors and commercial operators; requires applications, renewals, record‑keeping and compliance; gives inspectors powers to enter, sample and require documents; and authorises the chief executive to impose licence conditions, suspend or cancel licences and make regulations.
It affects pilots (including UAV controllers), distribution contractors, commercial operators and corporate officers — imposing compliance costs, inspection risk and penalties for breaches.
Mechanically, the Agricultural Chemicals Distribution Control Act 1966 sets out a state licensing, record‑keeping and regulatory surveillance regime for the distribution of agricultural chemicals by air and by ground. The Act creates three principal licence types: pilot chemical rating licences for pilots and UAV controllers (s 12); aerial distribution contractor licences for entities operating or contracting aerial pesticide application (s 15); and commercial operators’ licences for ground operators (s 16). The Act also authorises a ground distribution contractor licence (s 16B) and treats certain pest management technicians as holding a commercial operator’s licence for ground distribution purposes if they hold prescribed qualifications (s 16A).
The chief executive (the administering official) is given the power to grant, refuse, renew, suspend or cancel licences (ss 17-19, 21D). The Act prescribes minimum evidentiary prerequisites to apply for licences , notably that applicants show they hold required civil aviation authorisations, including AOC endorsements for manned aircraft or authorisations to act as a UAV controller when relevant (ss 12(2)-(4), 15(2)-(4), 17A(1)(a), 17B(1)(a)). Licences run from the day of issue and may be granted or renewed for up to three years (s 18).
The Act imposes operational duties. Distribution contractors must keep a prescribed record for each distribution containing detailed particulars (including chemical identification, active constituent, diluents, exact location, date/time, wind velocity and direction, quantity/concentration, area covered, and purpose) and retain the record for two years (s 26). Inspectors may require production of records within that two‑year period (s 27). A person who contravenes record obligations or refuses to produce records commits an offence with statutory maximum penalties set out in s 26 and s 27.
Current sections
Direct links to the current provisions in Agricultural Chemicals Distribution Control Act 1966.
88
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the Agricultural Chemicals Distribution Control Act 1966 .
sec.2
Commencement of pts 3 – 6
sec.2 Commencement of pts 3 – 6
Parts 3 and 4 shall come into operation on a date to be fixed by the Governor in Council by proclamation published in the gazette.
The same date may be so fixed in respect of both of those parts or different dates may be so fixed in respect of them respectively.
Parts 5 and 6 shall come into operation—
to the extent to which the provisions of those parts relate to aerial distribution—on the date on which part 3 comes into operation; and
to the extent to which the provisions of those parts relate to ground distribution—on the date on which part 4 comes into operation.
No provision of this section or proclamation made under this section shall limit or prejudice howsoever the power conferred upon the Governor in Council by section 3 .
(sec.2-ssec.1) Parts 3 and 4 shall come into operation on a date to be fixed by the Governor in Council by proclamation published in the gazette.
(sec.2-ssec.1A) The same date may be so fixed in respect of both of those parts or different dates may be so fixed in respect of them respectively.
(sec.2-ssec.2) Parts 5 and 6 shall come into operation— to the extent to which the provisions of those parts relate to aerial distribution—on the date on which part 3 comes into operation; and to the extent to which the provisions of those parts relate to ground distribution—on the date on which part 4 comes into operation.
(sec.2-ssec.3) No provision of this section or proclamation made under this section shall limit or prejudice howsoever the power conferred upon the Governor in Council by section 3 .
(a) to the extent to which the provisions of those parts relate to aerial distribution—on the date on which part 3 comes into operation; and
(b) to the extent to which the provisions of those parts relate to ground distribution—on the date on which part 4 comes into operation.
sec.3
Application of Act
sec.3 Application of Act
The Governor in Council, by regulation, may declare that this Act, or a specified provision of this Act, does not apply in a specified part of the State.
s 3 sub 1994 No. 78 s 37 sch
sec.4
Act to bind Crown
sec.4 Act to bind Crown
Save as where otherwise expressly provided in this Act, the provisions of this Act bind the Crown.
sec.5
Section sec.5
s 5 om 15 March 1995 RA s 36
sec.6
Definitions
sec.6 Definitions
The dictionary in the schedule defines particular words used in this Act.
s 6 Note—prev s 6 contained definitions for this Act. Definitions are now
located in the schedule—Dictionary.
prev s 6 amd 1968 No. 38 s 2 (b) ; 1978 No. 68 s 2 ; 1994 No. 78 s 37 sch ; 2002 No. 76 s 4
sec.6A
Words and expressions used in Agvet Code and this Act
sec.6A Words and expressions used in Agvet Code and this Act
Words and expressions used in the Agvet Code and this Act have the same meanings in this Act as they have in the Agvet Code.
Words and expressions mentioned in subsection (1) that are expressly defined in section 3 of the Agvet Code are also signposted in the dictionary.
s 6A ins 1994 No. 78 s 37 sch
amd 2002 No. 76 s 5
(sec.6A-ssec.1) Words and expressions used in the Agvet Code and this Act have the same meanings in this Act as they have in the Agvet Code.
(sec.6A-ssec.2) Words and expressions mentioned in subsection (1) that are expressly defined in section 3 of the Agvet Code are also signposted in the dictionary.
sec.6B
Reference to loss or damage
sec.6B Reference to loss or damage
A reference in this Act to loss or damage caused by aerial or ground distribution, or by the distribution of agricultural chemicals by aerial or ground distribution, includes loss or damage caused by the drift of any agricultural chemical used in the distribution.
s 6B ins 1994 No. 78 s 37 sch
pt.2
Administration
Administration
sec.7
Appointment of inspectors and analysts
sec.7 Appointment of inspectors and analysts
The chief executive may appoint a person to be an inspector or analyst.
The chief executive may appoint a person as an inspector or analyst only if the chief executive is satisfied the person has the necessary expertise or experience.
In this section—
inspector does not include the standards officer or a deputy standards officer.
s 7 sub 1994 No. 78 s 37 sch
amd 1996 No. 13 s 4
(sec.7-ssec.1) The chief executive may appoint a person to be an inspector or analyst.
(sec.7-ssec.2) The chief executive may appoint a person as an inspector or analyst only if the chief executive is satisfied the person has the necessary expertise or experience.
(sec.7-ssec.3) In this section— inspector does not include the standards officer or a deputy standards officer.
sec.7A
Limitation of inspector’s powers
sec.7A Limitation of inspector’s powers
The powers of an inspector may be limited—
under a regulation; or
under a condition of appointment; or
by written notice of the chief executive given to the inspector.
s 7A ins 1983 No. 1 s 5
sub 1994 No. 78 s 37 sch
(a) under a regulation; or
(b) under a condition of appointment; or
(c) by written notice of the chief executive given to the inspector.
sec.7B
Inspector’s identity card
sec.7B Inspector’s identity card
The chief executive must give each inspector an identity card.
The identity card must—
contain a recent photograph of the inspector; and
be signed by the inspector; and
identify the person as an inspector under this Act.
A person who ceases to be an inspector must return the person’s identity card to the chief executive as soon as practicable (but within 21 days) after the person ceases to be an inspector, unless the person has a reasonable excuse for not returning it.
Maximum penalty—10 penalty units.
This section does not prevent the giving of a single identity card to a person under this Act and for other Acts or purposes.
s 7B ins 1994 No. 78 s 37 sch
(sec.7B-ssec.1) The chief executive must give each inspector an identity card.
(sec.7B-ssec.2) The identity card must— contain a recent photograph of the inspector; and be signed by the inspector; and identify the person as an inspector under this Act.
(sec.7B-ssec.3) A person who ceases to be an inspector must return the person’s identity card to the chief executive as soon as practicable (but within 21 days) after the person ceases to be an inspector, unless the person has a reasonable excuse for not returning it. Maximum penalty—10 penalty units.
(sec.7B-ssec.4) This section does not prevent the giving of a single identity card to a person under this Act and for other Acts or purposes.
(a) contain a recent photograph of the inspector; and
(b) be signed by the inspector; and
(c) identify the person as an inspector under this Act.
sec.7C
Production or display of inspector’s identity card
sec.7C Production or display of inspector’s identity card
An inspector may exercise a power under this Act in relation to someone else only if the inspector—
first produces his or her identity card for the person’s inspection; or
has the identity card displayed so it is clearly visible to the person.
However, if for any reason it is not practicable to comply with subsection (1) , the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity.
s 7C ins 1994 No. 78 s 37 sch
(sec.7C-ssec.1) An inspector may exercise a power under this Act in relation to someone else only if the inspector— first produces his or her identity card for the person’s inspection; or has the identity card displayed so it is clearly visible to the person.
(sec.7C-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) , the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity.
(a) first produces his or her identity card for the person’s inspection; or
(b) has the identity card displayed so it is clearly visible to the person.
sec.8
Delegations by chief executive
sec.8 Delegations by chief executive
The chief executive may delegate the chief executive’s powers under this Act to the standards officer.
s 8 sub 1994 No. 78 s 37 sch
(8)–(9) exp 15 June 1995 (see s 8(9))
sub 2013 No. 41 s 4
sec.9
Section sec.9
s 9 sub 1994 No. 78 s 37 sch
om 2013 No. 41 s 4
sec.9A
Section sec.9A
s 9A ins 1994 No. 78 s 37 sch
om 2013 No. 41 s 4
sec.9B
Section sec.9B
s 9B ins 1994 No. 78 s 37 sch
om 2013 No. 41 s 4
sec.9C
Section sec.9C
s 9C ins 1994 No. 78 s 37 sch
om 2013 No. 41 s 4
sec.10
Section sec.10
s 10 amd 1983 No. 1 s 6
om 2013 No. 41 s 4
sec.10A
Section sec.10A
s 10A ins 1983 No. 1 s 7
om 2013 No. 41 s 4
sec.10B
Section sec.10B
s 10B ins 1983 No. 1 s 7
sub 1994 No. 78 s 37 sch
om 2013 No. 41 s 4
sec.11
Section sec.11
s 11 om 1994 No. 78 s 37 sch
pt.3
Aerial distribution
Aerial distribution
sec.12
Pilot chemical rating licence
sec.12 Pilot chemical rating licence
Subject to this Act, the chief executive may grant pilot chemical rating licences.
A person may apply under section 17 for a pilot chemical rating licence if the person gives the chief executive evidence that the person holds—
if the person intends to pilot a manned aircraft under the licence—the authorisation mentioned in subsection (3) ; and
if the person intends to use an unmanned aircraft other than a balloon or a kite (a UAV ) under the licence—the authorisation mentioned in subsection (4) ; and
the qualification prescribed by regulation.
For subsection (2) (a) , the authorisation is a civil aviation authorisation under which the person may pilot (as pilot in command) the manned aircraft the person intends to use under the licence to carry out aerial distribution in the circumstances the person intends to carry out the aerial distribution.
aerial distribution to be conducted as a commercial operation
application of agricultural chemicals to crops to control pests
application of agricultural chemicals for mosquito control
For subsection (2) (b) , the authorisation is a civil aviation authorisation under which the person may act as the controller of the UAV the person intends to use under the licence to carry out aerial distribution in the circumstances the person intends to carry out the aerial distribution.
s 12 amd 1994 No. 78 s 37 sch ; 2002 No. 76 s 33 sch 2 ; 2013 No. 41 s 5 ; 2015 No. 15 s 6
(sec.12-ssec.1) Subject to this Act, the chief executive may grant pilot chemical rating licences.
(sec.12-ssec.2) A person may apply under section 17 for a pilot chemical rating licence if the person gives the chief executive evidence that the person holds— if the person intends to pilot a manned aircraft under the licence—the authorisation mentioned in subsection (3) ; and if the person intends to use an unmanned aircraft other than a balloon or a kite (a UAV ) under the licence—the authorisation mentioned in subsection (4) ; and the qualification prescribed by regulation.
(sec.12-ssec.3) For subsection (2) (a) , the authorisation is a civil aviation authorisation under which the person may pilot (as pilot in command) the manned aircraft the person intends to use under the licence to carry out aerial distribution in the circumstances the person intends to carry out the aerial distribution. aerial distribution to be conducted as a commercial operation application of agricultural chemicals to crops to control pests application of agricultural chemicals for mosquito control
(sec.12-ssec.4) For subsection (2) (b) , the authorisation is a civil aviation authorisation under which the person may act as the controller of the UAV the person intends to use under the licence to carry out aerial distribution in the circumstances the person intends to carry out the aerial distribution.
(a) if the person intends to pilot a manned aircraft under the licence—the authorisation mentioned in subsection (3) ; and
(b) if the person intends to use an unmanned aircraft other than a balloon or a kite (a UAV ) under the licence—the authorisation mentioned in subsection (4) ; and
(c) the qualification prescribed by regulation.
• aerial distribution to be conducted as a commercial operation
• application of agricultural chemicals to crops to control pests
• application of agricultural chemicals for mosquito control
sec.13
Effect of termination or suspension of pilot’s licence
sec.13 Effect of termination or suspension of pilot’s licence
If by reason of expiration, cancellation or suspension a civil aviation authorisation mentioned in section 12 (3) or (4) of a person who holds a pilot chemical rating licence ceases to be in force then, on and from the date of such cesser and by virtue thereof, that chemical rating licence shall also cease to be in force.
However, in the case of such cesser by suspension if the suspended licence is revived upon or by termination of the suspension the pilot chemical rating licence shall also be revived unless it has been sooner cancelled or further suspended.
s 13 amd 2015 No. 15 s 7
(sec.13-ssec.1) If by reason of expiration, cancellation or suspension a civil aviation authorisation mentioned in section 12 (3) or (4) of a person who holds a pilot chemical rating licence ceases to be in force then, on and from the date of such cesser and by virtue thereof, that chemical rating licence shall also cease to be in force.
(sec.13-ssec.2) However, in the case of such cesser by suspension if the suspended licence is revived upon or by termination of the suspension the pilot chemical rating licence shall also be revived unless it has been sooner cancelled or further suspended.
sec.14
Certificate issued in another State
sec.14 Certificate issued in another State
For the purposes of the provisions of this Act relating to aerial distribution a certificate or licence issued under a law of any other State or Territory—
which corresponds to a pilot chemical rating licence issued under this Act; and
which is in force at any material time in the State or Territory in which it was issued;
shall be equivalent in Queensland to a pilot chemical rating licence issued under this Act and shall have force and effect accordingly.
The provisions of sections 20 to 23 apply with respect to the operation in Queensland of a certificate or licence referred to in subsection (1) as if it were a pilot chemical rating licence issued under this Act and its operation in Queensland may be cancelled or suspended accordingly.
s 14 amd 1983 No. 1 s 8
(sec.14-ssec.1) For the purposes of the provisions of this Act relating to aerial distribution a certificate or licence issued under a law of any other State or Territory— which corresponds to a pilot chemical rating licence issued under this Act; and which is in force at any material time in the State or Territory in which it was issued; shall be equivalent in Queensland to a pilot chemical rating licence issued under this Act and shall have force and effect accordingly.
(sec.14-ssec.3) The provisions of sections 20 to 23 apply with respect to the operation in Queensland of a certificate or licence referred to in subsection (1) as if it were a pilot chemical rating licence issued under this Act and its operation in Queensland may be cancelled or suspended accordingly.
(a) which corresponds to a pilot chemical rating licence issued under this Act; and
(b) which is in force at any material time in the State or Territory in which it was issued;
sec.15
Aerial distribution contractor licence
sec.15 Aerial distribution contractor licence
Subject to this Act, the chief executive may grant aerial distribution contractor licences.
A person may apply under section 17 for an aerial distribution contractor licence if the person gives the chief executive evidence that the person holds—
if the person intends a manned aircraft to be used under the licence—the authorisation mentioned in subsection (3) ; and
if the person intends a UAV to be used under the licence—the authorisation mentioned in subsection (4) .
For subsection (2) (a) , the authorisation is a civil aviation authorisation that is an AOC under which the aircraft the person intends to be used under the licence to carry out aerial distribution may operate in Australian territory for commercial purposes that are the distribution of agricultural chemicals.
an AOC endorsed for aerial application operations to distribute agricultural chemicals
For subsection (2) (b) , the authorisation is a civil aviation authorisation under which the person may operate for hire or reward the UAV the person intends to be used under the licence to carry out aerial distribution in the circumstances the person intends to carry out the aerial distribution.
the area in which aerial distribution is to be carried out
application of agricultural chemicals to crops to control pests
application of agricultural chemicals for mosquito control
s 15 sub 1983 No. 1 s 9
amd 1994 No. 78 s 37 sch ; 2002 No. 76 s 33 sch 2 ; 2013 No. 41 s 6 ; 2015 No. 15 s 8
(sec.15-ssec.1) Subject to this Act, the chief executive may grant aerial distribution contractor licences.
(sec.15-ssec.2) A person may apply under section 17 for an aerial distribution contractor licence if the person gives the chief executive evidence that the person holds— if the person intends a manned aircraft to be used under the licence—the authorisation mentioned in subsection (3) ; and if the person intends a UAV to be used under the licence—the authorisation mentioned in subsection (4) .
(sec.15-ssec.3) For subsection (2) (a) , the authorisation is a civil aviation authorisation that is an AOC under which the aircraft the person intends to be used under the licence to carry out aerial distribution may operate in Australian territory for commercial purposes that are the distribution of agricultural chemicals. an AOC endorsed for aerial application operations to distribute agricultural chemicals
(sec.15-ssec.4) For subsection (2) (b) , the authorisation is a civil aviation authorisation under which the person may operate for hire or reward the UAV the person intends to be used under the licence to carry out aerial distribution in the circumstances the person intends to carry out the aerial distribution. the area in which aerial distribution is to be carried out application of agricultural chemicals to crops to control pests application of agricultural chemicals for mosquito control
(a) if the person intends a manned aircraft to be used under the licence—the authorisation mentioned in subsection (3) ; and
(b) if the person intends a UAV to be used under the licence—the authorisation mentioned in subsection (4) .
• the area in which aerial distribution is to be carried out
• application of agricultural chemicals to crops to control pests
• application of agricultural chemicals for mosquito control
pt.4
Ground distribution
Ground distribution
sec.16
Commercial operators’ licence
sec.16 Commercial operators’ licence
Subject to this Act, the chief executive may grant commercial operators’ licences of all or any of the classes thereof prescribed.
A person who does not possess the qualifications prescribed for a particular class of commercial operator’s licence shall not be entitled to apply for and shall not be granted a commercial operator’s licence of that class.
s 16 amd 1970 No. 18 s 2 ; 2002 No. 76 s 33 sch 2 ; 2013 No. 41 s 7
(sec.16-ssec.1) Subject to this Act, the chief executive may grant commercial operators’ licences of all or any of the classes thereof prescribed.
(sec.16-ssec.2) A person who does not possess the qualifications prescribed for a particular class of commercial operator’s licence shall not be entitled to apply for and shall not be granted a commercial operator’s licence of that class.
sec.16A
When pest management technician is taken to hold commercial operator’s licence
sec.16A When pest management technician is taken to hold commercial operator’s licence
For a provision of this Act relating to ground distribution, a pest management technician who holds a relevant pest management qualification is taken to hold a commercial operator’s licence.
Sections 20 to 23 apply, with necessary changes, to the operation, under this Act, of the pest management technician’s licence as if it were a commercial operator’s licence.
For subsection (2) , a reference in sections 20 to 23 to the suspension or cancellation of a commercial operator’s licence is taken to be a reference to the suspension or cancellation of the operation of the pest management technician’s licence under this Act as a commercial operator’s licence.
In subsection (1) —
pest management technician means the holder of a pest management licence under the Medicines and Poisons Act 2019 .
relevant pest management qualification means a qualification prescribed for the subsection under a regulation.
s 16A ins 2002 No. 76 s 6
amd 2019 No. 26 s 290 sch 2
(sec.16A-ssec.1) For a provision of this Act relating to ground distribution, a pest management technician who holds a relevant pest management qualification is taken to hold a commercial operator’s licence.
(sec.16A-ssec.2) Sections 20 to 23 apply, with necessary changes, to the operation, under this Act, of the pest management technician’s licence as if it were a commercial operator’s licence.
(sec.16A-ssec.3) For subsection (2) , a reference in sections 20 to 23 to the suspension or cancellation of a commercial operator’s licence is taken to be a reference to the suspension or cancellation of the operation of the pest management technician’s licence under this Act as a commercial operator’s licence.
(sec.16A-ssec.4) In subsection (1) — pest management technician means the holder of a pest management licence under the Medicines and Poisons Act 2019 . relevant pest management qualification means a qualification prescribed for the subsection under a regulation.
sec.16B
Ground distribution contractor licence
sec.16B Ground distribution contractor licence
The chief executive may grant a ground distribution contractor’s licence.
s 16B ins 2002 No. 76 s 6
amd 2013 No. 41 s 8
pt.5
Regulation of licensing
Regulation of licensing
sec.17
Application for licences
sec.17 Application for licences
An application for a licence must—
be made to the chief executive in the approved form; and
be accompanied by the fee (if any) prescribed by regulation.
If asked by the chief executive, the applicant must give the further relevant information or evidence the chief executive reasonably requires to decide the application.
The chief executive must consider an application for a licence and may grant, or refuse to grant, the licence.
If the chief executive decides to grant the application, the chief executive must as soon as practicable—
issue a new licence to the applicant; and
if the chief executive decides to impose a condition on the licence under section 17A (2) (a) or 17B (2) (a) when the licence is issued—give the licensee an information notice for the decision.
The chief executive may grant an application for a pilot chemical rating licence or commercial operator’s licence only if the chief executive is satisfied the applicant is at least 17 years of age.
If the chief executive decides to refuse to grant the application, the chief executive must, as soon as practicable—
give the applicant an information notice about the decision; and
refund the fee mentioned in subsection (1) (b) .
s 17 amd 1983 No. 1 s 10
sub 1994 No. 78 s 37 sch
amd 2002 No. 76 s 7 ; 2013 No. 41 s 9 ; 2015 No. 15 s 9
(sec.17-ssec.1) An application for a licence must— be made to the chief executive in the approved form; and be accompanied by the fee (if any) prescribed by regulation.
(sec.17-ssec.2) If asked by the chief executive, the applicant must give the further relevant information or evidence the chief executive reasonably requires to decide the application.
(sec.17-ssec.3) The chief executive must consider an application for a licence and may grant, or refuse to grant, the licence.
(sec.17-ssec.4) If the chief executive decides to grant the application, the chief executive must as soon as practicable— issue a new licence to the applicant; and if the chief executive decides to impose a condition on the licence under section 17A (2) (a) or 17B (2) (a) when the licence is issued—give the licensee an information notice for the decision.
(sec.17-ssec.5) The chief executive may grant an application for a pilot chemical rating licence or commercial operator’s licence only if the chief executive is satisfied the applicant is at least 17 years of age.
(sec.17-ssec.6) If the chief executive decides to refuse to grant the application, the chief executive must, as soon as practicable— give the applicant an information notice about the decision; and refund the fee mentioned in subsection (1) (b) .
(a) be made to the chief executive in the approved form; and
(b) be accompanied by the fee (if any) prescribed by regulation.
(a) issue a new licence to the applicant; and
(b) if the chief executive decides to impose a condition on the licence under section 17A (2) (a) or 17B (2) (a) when the licence is issued—give the licensee an information notice for the decision.
(a) give the applicant an information notice about the decision; and
(b) refund the fee mentioned in subsection (1) (b) .
sec.17A
Conditions of pilot chemical rating licence
sec.17A Conditions of pilot chemical rating licence
A pilot chemical rating licence is subject to the following conditions—
the licensee must hold a civil aviation authorisation under which the licensee may—
if the licensee is piloting a manned aircraft under the licence to carry out aerial distribution—pilot (as pilot in command) the aircraft in the circumstances the aerial distribution is being carried out; and
if the licensee is using a UAV under the licence to carry out aerial distribution—act as the controller of the UAV in the circumstances the aerial distribution is being carried out;
any reasonable conditions, imposed by the chief executive, that the chief executive considers appropriate for the proper control of aerial distribution carried out under the licence.
The chief executive may impose a condition under subsection (1) (b) —
when the licence is issued or renewed; or
at another time if the chief executive considers there is a risk relating to the licence that warrants the condition being imposed at that time.
If the chief executive decides to impose a condition on the licence under subsection (2) (b) , the chief executive must, as soon as practicable, give the licensee an information notice for the decision.
s 17A ins 2015 No. 15 s 10
(sec.17A-ssec.1) A pilot chemical rating licence is subject to the following conditions— the licensee must hold a civil aviation authorisation under which the licensee may— if the licensee is piloting a manned aircraft under the licence to carry out aerial distribution—pilot (as pilot in command) the aircraft in the circumstances the aerial distribution is being carried out; and if the licensee is using a UAV under the licence to carry out aerial distribution—act as the controller of the UAV in the circumstances the aerial distribution is being carried out; any reasonable conditions, imposed by the chief executive, that the chief executive considers appropriate for the proper control of aerial distribution carried out under the licence.
(sec.17A-ssec.2) The chief executive may impose a condition under subsection (1) (b) — when the licence is issued or renewed; or at another time if the chief executive considers there is a risk relating to the licence that warrants the condition being imposed at that time.
(sec.17A-ssec.3) If the chief executive decides to impose a condition on the licence under subsection (2) (b) , the chief executive must, as soon as practicable, give the licensee an information notice for the decision.
(a) the licensee must hold a civil aviation authorisation under which the licensee may— (i) if the licensee is piloting a manned aircraft under the licence to carry out aerial distribution—pilot (as pilot in command) the aircraft in the circumstances the aerial distribution is being carried out; and (ii) if the licensee is using a UAV under the licence to carry out aerial distribution—act as the controller of the UAV in the circumstances the aerial distribution is being carried out;
(i) if the licensee is piloting a manned aircraft under the licence to carry out aerial distribution—pilot (as pilot in command) the aircraft in the circumstances the aerial distribution is being carried out; and
(ii) if the licensee is using a UAV under the licence to carry out aerial distribution—act as the controller of the UAV in the circumstances the aerial distribution is being carried out;
(b) any reasonable conditions, imposed by the chief executive, that the chief executive considers appropriate for the proper control of aerial distribution carried out under the licence.
(i) if the licensee is piloting a manned aircraft under the licence to carry out aerial distribution—pilot (as pilot in command) the aircraft in the circumstances the aerial distribution is being carried out; and
(ii) if the licensee is using a UAV under the licence to carry out aerial distribution—act as the controller of the UAV in the circumstances the aerial distribution is being carried out;
(a) when the licence is issued or renewed; or
(b) at another time if the chief executive considers there is a risk relating to the licence that warrants the condition being imposed at that time.
sec.17B
Conditions of aerial distribution contractor licence
sec.17B Conditions of aerial distribution contractor licence
An aerial distribution contractor licence is subject to the following conditions—
the licensee must hold a civil aviation authorisation—
if a manned aircraft is being used under the licence to carry out aerial distribution—that is an AOC under which the aircraft may operate in Australian territory for commercial purposes that are the distribution of agricultural chemicals; and
if a UAV is being used under the licence to carry out aerial distribution—under which the licensee may operate for hire or reward the UAV in the circumstances the aerial distribution is being carried out;
any reasonable conditions, imposed by the chief executive, that the chief executive considers appropriate for the proper control of aerial distribution carried out under the licence.
The chief executive may impose a condition under subsection (1) (b) —
when the licence is issued or renewed; or
at another time if the chief executive considers there is a risk relating to the licence that warrants the condition being imposed at that time.
If the chief executive decides to impose a condition on the licence under subsection (2) (b) , the chief executive must, as soon as practicable, give the licensee an information notice for the decision.
s 17B ins 2015 No. 15 s 10
(sec.17B-ssec.1) An aerial distribution contractor licence is subject to the following conditions— the licensee must hold a civil aviation authorisation— if a manned aircraft is being used under the licence to carry out aerial distribution—that is an AOC under which the aircraft may operate in Australian territory for commercial purposes that are the distribution of agricultural chemicals; and if a UAV is being used under the licence to carry out aerial distribution—under which the licensee may operate for hire or reward the UAV in the circumstances the aerial distribution is being carried out; any reasonable conditions, imposed by the chief executive, that the chief executive considers appropriate for the proper control of aerial distribution carried out under the licence.
(sec.17B-ssec.2) The chief executive may impose a condition under subsection (1) (b) — when the licence is issued or renewed; or at another time if the chief executive considers there is a risk relating to the licence that warrants the condition being imposed at that time.
(sec.17B-ssec.3) If the chief executive decides to impose a condition on the licence under subsection (2) (b) , the chief executive must, as soon as practicable, give the licensee an information notice for the decision.
(a) the licensee must hold a civil aviation authorisation— (i) if a manned aircraft is being used under the licence to carry out aerial distribution—that is an AOC under which the aircraft may operate in Australian territory for commercial purposes that are the distribution of agricultural chemicals; and (ii) if a UAV is being used under the licence to carry out aerial distribution—under which the licensee may operate for hire or reward the UAV in the circumstances the aerial distribution is being carried out;
(i) if a manned aircraft is being used under the licence to carry out aerial distribution—that is an AOC under which the aircraft may operate in Australian territory for commercial purposes that are the distribution of agricultural chemicals; and
(ii) if a UAV is being used under the licence to carry out aerial distribution—under which the licensee may operate for hire or reward the UAV in the circumstances the aerial distribution is being carried out;
(b) any reasonable conditions, imposed by the chief executive, that the chief executive considers appropriate for the proper control of aerial distribution carried out under the licence.
(i) if a manned aircraft is being used under the licence to carry out aerial distribution—that is an AOC under which the aircraft may operate in Australian territory for commercial purposes that are the distribution of agricultural chemicals; and
(ii) if a UAV is being used under the licence to carry out aerial distribution—under which the licensee may operate for hire or reward the UAV in the circumstances the aerial distribution is being carried out;
(a) when the licence is issued or renewed; or
(b) at another time if the chief executive considers there is a risk relating to the licence that warrants the condition being imposed at that time.
sec.17C
Licence holder must not contravene condition of licence
sec.17C Licence holder must not contravene condition of licence
The holder of a licence must not contravene a condition of the licence unless the holder has a reasonable excuse.
Maximum penalty—100 penalty units.
The penalty under subsection (1) may be imposed whether or not the licence is suspended or cancelled because of the contravention.
s 17C ins 2015 No. 15 s 10
(sec.17C-ssec.1) The holder of a licence must not contravene a condition of the licence unless the holder has a reasonable excuse. Maximum penalty—100 penalty units.
(sec.17C-ssec.2) The penalty under subsection (1) may be imposed whether or not the licence is suspended or cancelled because of the contravention.
sec.18
Term of licence
sec.18 Term of licence
A licence has effect from the day it is issued.
The chief executive may issue, or renew, a licence for up to 3 years.
s 18 amd 1983 No. 1 s 11
sub 2002 No. 76 s 8
amd 2013 No. 41 s 10
(sec.18-ssec.1) A licence has effect from the day it is issued.
(sec.18-ssec.2) The chief executive may issue, or renew, a licence for up to 3 years.
sec.19
Renewal of licence
sec.19 Renewal of licence
A licensee may apply to the chief executive to renew a licence within 60 days before the licence expires.
If the chief executive does not receive an application to renew a licence by the day the licence is to expire, the licence expires.
The application must be—
made in the approved form; and
accompanied by the fee prescribed under a regulation.
The applicant must give the chief executive any relevant information or document the chief executive reasonably requires to decide the application.
The chief executive must consider the application and either grant, or refuse to grant, the application.
If the chief executive decides to grant the application, the chief executive must as soon as practicable—
issue a new licence to the applicant; and
if the chief executive decides to impose a condition on the licence under section 17A (2) (a) or 17B (2) (a) when the licence is renewed—give the licensee an information notice for the decision.
The new licence takes effect from the day the licence being renewed would otherwise have expired.
If the chief executive decides to refuse to grant the application, the chief executive must, as soon as practicable—
give the applicant an information notice about the decision; and
refund the fee mentioned in subsection (3) (b) .
s 19 amd 1983 No. 1 s 12 ; 1994 No. 78 s 37 sch
sub 2002 No. 76 s 8
amd 2013 No. 41 s 11 ; 2015 No. 15 s 11
(sec.19-ssec.1) A licensee may apply to the chief executive to renew a licence within 60 days before the licence expires.
(sec.19-ssec.2) If the chief executive does not receive an application to renew a licence by the day the licence is to expire, the licence expires.
(sec.19-ssec.3) The application must be— made in the approved form; and accompanied by the fee prescribed under a regulation.
(sec.19-ssec.4) The applicant must give the chief executive any relevant information or document the chief executive reasonably requires to decide the application.
(sec.19-ssec.5) The chief executive must consider the application and either grant, or refuse to grant, the application.
(sec.19-ssec.6) If the chief executive decides to grant the application, the chief executive must as soon as practicable— issue a new licence to the applicant; and if the chief executive decides to impose a condition on the licence under section 17A (2) (a) or 17B (2) (a) when the licence is renewed—give the licensee an information notice for the decision.
(sec.19-ssec.7) The new licence takes effect from the day the licence being renewed would otherwise have expired.
(sec.19-ssec.8) If the chief executive decides to refuse to grant the application, the chief executive must, as soon as practicable— give the applicant an information notice about the decision; and refund the fee mentioned in subsection (3) (b) .
(a) made in the approved form; and
(b) accompanied by the fee prescribed under a regulation.
(a) issue a new licence to the applicant; and
(b) if the chief executive decides to impose a condition on the licence under section 17A (2) (a) or 17B (2) (a) when the licence is renewed—give the licensee an information notice for the decision.
(a) give the applicant an information notice about the decision; and
(b) refund the fee mentioned in subsection (3) (b) .
sec.19A
Expiring licence continues in force
sec.19A Expiring licence continues in force
If a licensee has applied, under section 19 , to renew a licence, the licence continues in force from the day it would, apart from this section, have expired until—
if the application is granted—a new licence is issued to the applicant; or
if the application is withdrawn—the day the application is withdrawn; or
if the application is refused—the day the information notice about the decision is given to the applicant.
Subsection (1) does not apply if the licence is earlier suspended or cancelled.
s 19A ins 2002 No. 76 s 8
(sec.19A-ssec.1) If a licensee has applied, under section 19 , to renew a licence, the licence continues in force from the day it would, apart from this section, have expired until— if the application is granted—a new licence is issued to the applicant; or if the application is withdrawn—the day the application is withdrawn; or if the application is refused—the day the information notice about the decision is given to the applicant.
(sec.19A-ssec.2) Subsection (1) does not apply if the licence is earlier suspended or cancelled.
(a) if the application is granted—a new licence is issued to the applicant; or
(b) if the application is withdrawn—the day the application is withdrawn; or
(c) if the application is refused—the day the information notice about the decision is given to the applicant.
sec.19B
Notice of change in circumstances
sec.19B Notice of change in circumstances
Subsection (2) applies if there is a change of the following type in a licensee’s circumstances—
a change in the licensee’s name or address;
another change in the licensee’s circumstances prescribed under a regulation.
The licensee must, within 21 days after the change, give the chief executive written notice of the change.
Maximum penalty—10 penalty units.
s 19B ins 2002 No. 76 s 8
amd 2013 No. 41 s 12
(sec.19B-ssec.1) Subsection (2) applies if there is a change of the following type in a licensee’s circumstances— a change in the licensee’s name or address; another change in the licensee’s circumstances prescribed under a regulation.
(sec.19B-ssec.2) The licensee must, within 21 days after the change, give the chief executive written notice of the change. Maximum penalty—10 penalty units.
(a) a change in the licensee’s name or address;
(b) another change in the licensee’s circumstances prescribed under a regulation.
sec.20
Suspension of licence by standards officer
sec.20 Suspension of licence by standards officer
Where the standards officer is of the opinion that it is in the public interest that a licence should be suspended during any investigation into any act or omission alleged to have been committed by the licensee, the standards officer may suspend that licence for such period, not being in excess of 1 month, as the standards officer thinks fit; and such suspension shall remain in force for such period unless sooner removed by the chief executive.
s 20 amd 2013 No. 41 s 13
sec.21
Grounds for suspension or cancellation of licence by chief executive
sec.21 Grounds for suspension or cancellation of licence by chief executive
Each of the following is a ground for suspending or cancelling a licence under section 21D —
the licensee has committed an offence against this Act or the Medicines and Poisons Act 2019 , section 47 ;
the licensee has done an act or made an omission that would not entitle the licensee to apply for a licence of the type held by the licensee;
the licence was issued because of a materially false, fraudulent or misleading document, representation or declaration;
the licensee is not, or is no longer, an appropriate person to continue to hold the licence;
the licensee has contravened a condition of the licence;
if the licence is an aerial distribution contractor licence or a ground distribution contractor licence—the licensed distribution contractor has not complied with a request made by the standards officer under section 26 (2) .
s 21 amd 1983 No. 1 s 13 ; 1994 No. 78 s 37 sch ; 2002 No. 76 s 9
sub 2013 No. 41 s 14
amd 2015 No. 15 s 12 ; 2019 No. 26 s 290 sch 2
(a) the licensee has committed an offence against this Act or the Medicines and Poisons Act 2019 , section 47 ;
(b) the licensee has done an act or made an omission that would not entitle the licensee to apply for a licence of the type held by the licensee;
(c) the licence was issued because of a materially false, fraudulent or misleading document, representation or declaration;
(d) the licensee is not, or is no longer, an appropriate person to continue to hold the licence;
(e) the licensee has contravened a condition of the licence;
(f) if the licence is an aerial distribution contractor licence or a ground distribution contractor licence—the licensed distribution contractor has not complied with a request made by the standards officer under section 26 (2) .
sec.21A
Show cause notice
sec.21A Show cause notice
This section applies if the chief executive believes a ground exists to suspend or cancel a licence (the proposed action ).
Before taking the proposed action, the chief executive must give the licensee a notice (a show cause notice ) stating the following—
the proposed action;
the grounds for the proposed action;
an outline of the facts and circumstances forming the basis for the grounds;
if the proposed action is suspension of the licence—the proposed suspension period;
that the licensee may, within a stated period (the show cause period ), make written representations to the chief executive to show why the proposed action should not be taken.
The show cause period must end at least 21 days after the licensee is given the show cause notice.
s 21A ins 2013 No. 41 s 14
(sec.21A-ssec.1) This section applies if the chief executive believes a ground exists to suspend or cancel a licence (the proposed action ).
(sec.21A-ssec.2) Before taking the proposed action, the chief executive must give the licensee a notice (a show cause notice ) stating the following— the proposed action; the grounds for the proposed action; an outline of the facts and circumstances forming the basis for the grounds; if the proposed action is suspension of the licence—the proposed suspension period; that the licensee may, within a stated period (the show cause period ), make written representations to the chief executive to show why the proposed action should not be taken.
(sec.21A-ssec.3) The show cause period must end at least 21 days after the licensee is given the show cause notice.
(a) the proposed action;
(b) the grounds for the proposed action;
(c) an outline of the facts and circumstances forming the basis for the grounds;
(d) if the proposed action is suspension of the licence—the proposed suspension period;
(e) that the licensee may, within a stated period (the show cause period ), make written representations to the chief executive to show why the proposed action should not be taken.
sec.21B
Representations about show cause notice
sec.21B Representations about show cause notice
The licensee may, within the show cause period, make written representations to the chief executive about why the proposed action should not be taken.
The chief executive must consider all representations (the accepted representations ) made under subsection (1) .
s 21B ins 2013 No. 41 s 14
(sec.21B-ssec.1) The licensee may, within the show cause period, make written representations to the chief executive about why the proposed action should not be taken.
(sec.21B-ssec.2) The chief executive must consider all representations (the accepted representations ) made under subsection (1) .
sec.21C
Ending show cause process without further action
sec.21C Ending show cause process without further action
If, after considering the accepted representations for a show cause notice, the chief executive no longer believes a ground exists to suspend or cancel the licence, the chief executive—
must not take any further action about the show cause notice; and
must give the licensee a notice that no further action is to be taken about the show cause notice.
s 21C ins 2013 No. 41 s 14
(a) must not take any further action about the show cause notice; and
(b) must give the licensee a notice that no further action is to be taken about the show cause notice.
sec.21D
Suspension or cancellation of licence
sec.21D Suspension or cancellation of licence
This section applies if—
there are no accepted representations for a show cause notice; or
after considering the accepted representations for a show cause notice, the chief executive—
still believes a ground exists to suspend or cancel the licence; and
believes suspension or cancellation of the licence is warranted.
The chief executive may—
if the proposed action was to suspend the licence—suspend the licence for no longer than the proposed suspension period; or
if the proposed action was to cancel the licence—cancel the licence or suspend it for a period.
If the chief executive decides to take action under subsection (2) , the chief executive must as soon as practicable give the licensee an information notice for the decision.
The decision takes effect on the later of the following days—
the day the information notice is given to the licensee;
the day stated in the information notice for that purpose.
s 21D ins 2013 No. 41 s 14
(sec.21D-ssec.1) This section applies if— there are no accepted representations for a show cause notice; or after considering the accepted representations for a show cause notice, the chief executive— still believes a ground exists to suspend or cancel the licence; and believes suspension or cancellation of the licence is warranted.
(sec.21D-ssec.2) The chief executive may— if the proposed action was to suspend the licence—suspend the licence for no longer than the proposed suspension period; or if the proposed action was to cancel the licence—cancel the licence or suspend it for a period.
(sec.21D-ssec.3) If the chief executive decides to take action under subsection (2) , the chief executive must as soon as practicable give the licensee an information notice for the decision.
(sec.21D-ssec.4) The decision takes effect on the later of the following days— the day the information notice is given to the licensee; the day stated in the information notice for that purpose.
(a) there are no accepted representations for a show cause notice; or
(b) after considering the accepted representations for a show cause notice, the chief executive— (i) still believes a ground exists to suspend or cancel the licence; and (ii) believes suspension or cancellation of the licence is warranted.
(i) still believes a ground exists to suspend or cancel the licence; and
(ii) believes suspension or cancellation of the licence is warranted.
(i) still believes a ground exists to suspend or cancel the licence; and
(ii) believes suspension or cancellation of the licence is warranted.
(a) if the proposed action was to suspend the licence—suspend the licence for no longer than the proposed suspension period; or
(b) if the proposed action was to cancel the licence—cancel the licence or suspend it for a period.
(a) the day the information notice is given to the licensee;
(b) the day stated in the information notice for that purpose.
sec.22
Right of review by QCAT
sec.22 Right of review by QCAT
This section applies to a decision of the chief executive—
to refuse an application for a licence or the renewal of a licence; or
to impose a condition on a licence; or
to suspend or cancel a licence.
The applicant or licensee may apply, as provided under the QCAT Act , to QCAT for a review of the decision.
s 22 sub 1994 No. 78 s 37 sch
amd 2009 No. 24 s 296 ; 2013 No. 41 s 15 ; 2015 No. 15 s 13
(sec.22-ssec.1) This section applies to a decision of the chief executive— to refuse an application for a licence or the renewal of a licence; or to impose a condition on a licence; or to suspend or cancel a licence.
(sec.22-ssec.2) The applicant or licensee may apply, as provided under the QCAT Act , to QCAT for a review of the decision.
(a) to refuse an application for a licence or the renewal of a licence; or
(b) to impose a condition on a licence; or
(c) to suspend or cancel a licence.
sec.22A
Section sec.22A
s 22A ins 1994 No. 78 s 37 sch
om 2009 No. 24 s 297
sec.22B
Section sec.22B
s 22B ins 1994 No. 78 s 37 sch
om 2009 No. 24 s 297
sec.22C
Section sec.22C
s 22C ins 1994 No. 78 s 37 sch
amd 1995 No. 57 s 4 sch 1
om 2009 No. 24 s 297
sec.22D
Section sec.22D
s 22D ins 1994 No. 78 s 37 sch
om 2009 No. 24 s 297
sec.22E
Section sec.22E
s 22E ins 1994 No. 78 s 37 sch
amd 1999 No. 19 s 3 sch
om 2009 No. 24 s 297
sec.23
Effect of suspension
sec.23 Effect of suspension
Suspension of a licence (whether by QCAT, the chief executive or standards officer)—
shall, whilst such licence is so suspended, have the same effect as the cancellation of the licence;
shall, whilst such licence is so suspended, prohibit the issuing to the person who held that licence of any licence under this Act;
shall not, upon the termination of that suspension extend the period during which that licence would have remained in force if it had not been so suspended.
s 23 amd 1994 No. 78 s 37 sch ; 2009 No. 24 s 298
(a) shall, whilst such licence is so suspended, have the same effect as the cancellation of the licence;
(b) shall, whilst such licence is so suspended, prohibit the issuing to the person who held that licence of any licence under this Act;
(c) shall not, upon the termination of that suspension extend the period during which that licence would have remained in force if it had not been so suspended.
sec.24
Register
sec.24 Register
The standards officer shall in the prescribed manner keep a register in which the names and the prescribed particulars of all licensees shall be entered.
The register shall be open for public inspection at all reasonable times.
s 24 amd 1983 No. 1 s 14
(sec.24-ssec.1) The standards officer shall in the prescribed manner keep a register in which the names and the prescribed particulars of all licensees shall be entered.
(sec.24-ssec.2) The register shall be open for public inspection at all reasonable times.
sec.25
Section sec.25
s 25 amd 1968 No. 38 s 3
sub 1970 No. 18 s 3
amd 1994 No. 78 s 37 sch ; 2000 No. 20 s 29 sch 3
om 2002 No. 76 s 10
pt.6
Regulation of distribution
Regulation of distribution
sec.26
Records to be kept
sec.26 Records to be kept
A distribution contractor must make a record of the following particulars, namely—
in the case of aerial distribution—the name of the pilot in command and the registration mark of the aircraft concerned;
in the case of ground distribution—the name of the licensed commercial operator carrying out or supervising the carrying out of such distribution;
the name and address of the person or persons for whom such distribution is being carried out;
for each agricultural chemical used in the distribution—particulars to identify the chemical and, if the chemical has a distinguishing number, the number;
name of the chemical
name of the manufacturer of the chemical
name and amount of the active constituent in the chemical
a description of any diluent, wetter, spreader, emulsifier or other material added to an agricultural chemical used in the distribution;
the description or the exact location of the land so treated including distances and directions from the nearest town site so that the land may be readily identified;
the date and the time of such distribution;
the estimated velocity and direction of the wind at the time and place of the distribution, any change in the velocity or direction during the distribution, and the time of the change;
the quantity and concentration and the total volume of the agricultural chemical applied during such distribution;
the total area covered by such distribution;
the type of crop treated;
the purpose or purposes for which such distribution was carried out;
such other particulars and matters as may be prescribed;
and shall keep such record or cause it to be kept for a period of 2 years after such distribution.
At the request in writing of the standards officer a copy of the record kept pursuant to subsection (1) shall within the period and in the manner specified in the request be furnished to the standards officer by the distribution contractor.
A person who fails—
to make or cause to be made a record required by subsection (1) to be made;
to keep or cause to be kept a record required by subsection (1) to be kept;
to comply with a request made pursuant to subsection (2) ;
shall be guilty of an offence against this Act.
Maximum penalty—20 penalty units.
Any person who with intent to defraud or deceive any other person—
alters or falsifies any record made pursuant to this section; or
makes or concurs in the making of any false or fraudulent entry in any such record; or
omits or concurs in omitting any material particular from any such record;
shall be guilty of an offence against this Act.
Maximum penalty—
on indictment—50 penalty units or imprisonment for 5 years; or
on a summary proceeding—50 penalty units or imprisonment for 1 year.
See section 44 .
s 26 amd 1968 No. 38 s 4 ; 1972 No. 31 s 6 sch 1 ; 1978 No. 68 s 3 ; 1983 No. 1 s 15 ; 1994 No. 78 s 37 sch ; 2002 No. 76 s 11 ; 2015 No. 15 s 14
(sec.26-ssec.1) A distribution contractor must make a record of the following particulars, namely— in the case of aerial distribution—the name of the pilot in command and the registration mark of the aircraft concerned; in the case of ground distribution—the name of the licensed commercial operator carrying out or supervising the carrying out of such distribution; the name and address of the person or persons for whom such distribution is being carried out; for each agricultural chemical used in the distribution—particulars to identify the chemical and, if the chemical has a distinguishing number, the number; name of the chemical name of the manufacturer of the chemical name and amount of the active constituent in the chemical a description of any diluent, wetter, spreader, emulsifier or other material added to an agricultural chemical used in the distribution; the description or the exact location of the land so treated including distances and directions from the nearest town site so that the land may be readily identified; the date and the time of such distribution; the estimated velocity and direction of the wind at the time and place of the distribution, any change in the velocity or direction during the distribution, and the time of the change; the quantity and concentration and the total volume of the agricultural chemical applied during such distribution; the total area covered by such distribution; the type of crop treated; the purpose or purposes for which such distribution was carried out; such other particulars and matters as may be prescribed; and shall keep such record or cause it to be kept for a period of 2 years after such distribution.
(sec.26-ssec.2) At the request in writing of the standards officer a copy of the record kept pursuant to subsection (1) shall within the period and in the manner specified in the request be furnished to the standards officer by the distribution contractor.
(sec.26-ssec.2A) A person who fails— to make or cause to be made a record required by subsection (1) to be made; to keep or cause to be kept a record required by subsection (1) to be kept; to comply with a request made pursuant to subsection (2) ; shall be guilty of an offence against this Act. Maximum penalty—20 penalty units.
(sec.26-ssec.3) Any person who with intent to defraud or deceive any other person— alters or falsifies any record made pursuant to this section; or makes or concurs in the making of any false or fraudulent entry in any such record; or omits or concurs in omitting any material particular from any such record; shall be guilty of an offence against this Act. Maximum penalty— on indictment—50 penalty units or imprisonment for 5 years; or on a summary proceeding—50 penalty units or imprisonment for 1 year. See section 44 .
(a) in the case of aerial distribution—the name of the pilot in command and the registration mark of the aircraft concerned;
(b) in the case of ground distribution—the name of the licensed commercial operator carrying out or supervising the carrying out of such distribution;
(c) the name and address of the person or persons for whom such distribution is being carried out;
(d) for each agricultural chemical used in the distribution—particulars to identify the chemical and, if the chemical has a distinguishing number, the number; Examples of particulars for paragraph (d) — 1 name of the chemical 2 name of the manufacturer of the chemical 3 name and amount of the active constituent in the chemical
1 name of the chemical
2 name of the manufacturer of the chemical
3 name and amount of the active constituent in the chemical
(e) a description of any diluent, wetter, spreader, emulsifier or other material added to an agricultural chemical used in the distribution;
(f) the description or the exact location of the land so treated including distances and directions from the nearest town site so that the land may be readily identified;
(g) the date and the time of such distribution;
(h) the estimated velocity and direction of the wind at the time and place of the distribution, any change in the velocity or direction during the distribution, and the time of the change;
(i) the quantity and concentration and the total volume of the agricultural chemical applied during such distribution;
(j) the total area covered by such distribution;
(k) the type of crop treated;
(l) the purpose or purposes for which such distribution was carried out;
(m) such other particulars and matters as may be prescribed;
1 name of the chemical
2 name of the manufacturer of the chemical
3 name and amount of the active constituent in the chemical
(a) to make or cause to be made a record required by subsection (1) to be made;
(b) to keep or cause to be kept a record required by subsection (1) to be kept;
(c) to comply with a request made pursuant to subsection (2) ;
(a) alters or falsifies any record made pursuant to this section; or
(b) makes or concurs in the making of any false or fraudulent entry in any such record; or
(c) omits or concurs in omitting any material particular from any such record;
(a) on indictment—50 penalty units or imprisonment for 5 years; or
(b) on a summary proceeding—50 penalty units or imprisonment for 1 year.
sec.27
Production of distribution records
sec.27 Production of distribution records
This section applies to a record of a distribution that a person is required under section 26 to keep for 2 years after the distribution.
An inspector may, within the 2 years, ask the person to produce the record for inspection.
The person must immediately produce the record for inspection by the inspector, unless the person has a reasonable excuse.
Maximum penalty—20 penalty units.
The inspector may keep the record to make a copy of it.
However, the inspector must return the record to the person as soon as practicable after making a copy of it.
s 27 amd 1978 No. 68 s 4 ; 1983 No. 1 s 16
sub 1994 No. 78 s 37 sch
(sec.27-ssec.1) This section applies to a record of a distribution that a person is required under section 26 to keep for 2 years after the distribution.
(sec.27-ssec.2) An inspector may, within the 2 years, ask the person to produce the record for inspection.
(sec.27-ssec.3) The person must immediately produce the record for inspection by the inspector, unless the person has a reasonable excuse. Maximum penalty—20 penalty units.
(sec.27-ssec.4) The inspector may keep the record to make a copy of it.
(sec.27-ssec.5) However, the inspector must return the record to the person as soon as practicable after making a copy of it.
sec.28
Hazardous areas
sec.28 Hazardous areas
A regulation may declare an area to be a hazardous area and prescribe conditions for carrying out aerial or ground distribution in the area.
The chief executive must publish a notice of the declaration and conditions in a newspaper circulating generally in the hazardous area.
s 28 sub 1994 No. 78 s 37 sch
(sec.28-ssec.1) A regulation may declare an area to be a hazardous area and prescribe conditions for carrying out aerial or ground distribution in the area.
(sec.28-ssec.2) The chief executive must publish a notice of the declaration and conditions in a newspaper circulating generally in the hazardous area.
sec.29
Carrying out of distributions in hazardous areas
sec.29 Carrying out of distributions in hazardous areas
A person must not carry out aerial or ground distribution in a hazardous area unless the distribution is carried out under the conditions prescribed by regulation for the area.
Maximum penalty—100 penalty units or imprisonment for 6 months.
s 29 amd 1983 No. 1 s 17
sub 1994 No. 78 s 37 sch
sec.30
Section sec.30
s 30 amd 1978 No. 68 s 5 ; 1994 No. 78 s 37 sch
om 2015 No. 15 s 15
sec.31
Section sec.31
s 31 sub 1994 No. 78 s 37 sch
amd 2013 No. 41 s 16
om 2015 No. 15 s 15
sec.32
Section sec.32
s 32 amd 1978 No. 68 s 6 ; 1983 No. 1 s 18 ; 1994 No. 78 s 37 sch ; 2013 No. 41 s 17
om 2015 No. 15 s 15
sec.33
Section sec.33
s 33 amd 1978 No. 68 s 7 ; 1994 No. 78 s 37 sch ; 2013 No. 41 s 18
om 2015 No. 15 s 15
sec.34
Powers of inspectors
sec.34 Powers of inspectors
An inspector may—
enter any place where—
there is or the inspector has reasonable ground to believe there is or will be any aircraft or ground equipment which the inspector reasonably believes to be used or intended to be used for aerial or ground distribution;
the inspector has reasonable ground to believe aerial or ground distribution is being, has been or will be carried out;
search therein for any crop, material, aircraft, aerial equipment, ground equipment, loading equipment or mixing equipment;
inspect and examine or cause to be inspected and examined any crop, material, aircraft, aerial equipment, ground equipment, loading equipment or mixing equipment found therein;
open or cause to be opened any package, container, bin, tank or hopper found therein that contains or that the inspector has reasonable ground to believe contains an agricultural chemical;
select and take or cause to be selected and taken, and remove or cause to be removed for analysis any crop or material found therein or any other matter found therein that the inspector suspects is an agricultural chemical, or portions or samples of any such crop, material or matter;
ask anyone the inspector considers can help, to help the inspector search, inspect, examine, open, select, take or remove anything on the place;
question with respect to matters under this Act any person; and require any person to answer the questions put and to sign a declaration of the truth of the person’s answers.
No provision of subsection (1) or of section 40 shall be construed so as—
to oblige any person to answer any question or make any statement which answer or statement would or would tend to incriminate the person; or
to render any person liable to a penalty for failure to make such an answer or statement.
Subsection (1) shall not authorise any of the persons mentioned in that subsection to enter and search without the permission of the occupier any dwelling house or any part used for residential purposes of a building unless that person does so under the authority of a search warrant.
If it appears to a justice of the peace, upon complaint made on oath by any of the persons mentioned in subsection (1) , that such person has reasonable grounds for believing and does believe that any aircraft or ground equipment or agricultural chemical which such person reasonably believes to be used or to be intended to be used for aerial distribution or ground distribution is in any dwelling house or in any part used for residential purposes of a building then that justice may issue his or her warrant directing the person named therein to search that dwelling house or part of a building.
s 34 amd 1978 No. 68 s 8 ; 1994 No. 78 s 37 sch ; 2000 No. 5 s 373 sch 2
(sec.34-ssec.1) An inspector may— enter any place where— there is or the inspector has reasonable ground to believe there is or will be any aircraft or ground equipment which the inspector reasonably believes to be used or intended to be used for aerial or ground distribution; the inspector has reasonable ground to believe aerial or ground distribution is being, has been or will be carried out; search therein for any crop, material, aircraft, aerial equipment, ground equipment, loading equipment or mixing equipment; inspect and examine or cause to be inspected and examined any crop, material, aircraft, aerial equipment, ground equipment, loading equipment or mixing equipment found therein; open or cause to be opened any package, container, bin, tank or hopper found therein that contains or that the inspector has reasonable ground to believe contains an agricultural chemical; select and take or cause to be selected and taken, and remove or cause to be removed for analysis any crop or material found therein or any other matter found therein that the inspector suspects is an agricultural chemical, or portions or samples of any such crop, material or matter; ask anyone the inspector considers can help, to help the inspector search, inspect, examine, open, select, take or remove anything on the place; question with respect to matters under this Act any person; and require any person to answer the questions put and to sign a declaration of the truth of the person’s answers.
(sec.34-ssec.2) No provision of subsection (1) or of section 40 shall be construed so as— to oblige any person to answer any question or make any statement which answer or statement would or would tend to incriminate the person; or to render any person liable to a penalty for failure to make such an answer or statement.
(sec.34-ssec.3) Subsection (1) shall not authorise any of the persons mentioned in that subsection to enter and search without the permission of the occupier any dwelling house or any part used for residential purposes of a building unless that person does so under the authority of a search warrant.
(sec.34-ssec.4) If it appears to a justice of the peace, upon complaint made on oath by any of the persons mentioned in subsection (1) , that such person has reasonable grounds for believing and does believe that any aircraft or ground equipment or agricultural chemical which such person reasonably believes to be used or to be intended to be used for aerial distribution or ground distribution is in any dwelling house or in any part used for residential purposes of a building then that justice may issue his or her warrant directing the person named therein to search that dwelling house or part of a building.
(a) enter any place where— (i) there is or the inspector has reasonable ground to believe there is or will be any aircraft or ground equipment which the inspector reasonably believes to be used or intended to be used for aerial or ground distribution; (ii) the inspector has reasonable ground to believe aerial or ground distribution is being, has been or will be carried out;
(i) there is or the inspector has reasonable ground to believe there is or will be any aircraft or ground equipment which the inspector reasonably believes to be used or intended to be used for aerial or ground distribution;
(ii) the inspector has reasonable ground to believe aerial or ground distribution is being, has been or will be carried out;
(b) search therein for any crop, material, aircraft, aerial equipment, ground equipment, loading equipment or mixing equipment;
(c) inspect and examine or cause to be inspected and examined any crop, material, aircraft, aerial equipment, ground equipment, loading equipment or mixing equipment found therein;
(ca) open or cause to be opened any package, container, bin, tank or hopper found therein that contains or that the inspector has reasonable ground to believe contains an agricultural chemical;
(cb) select and take or cause to be selected and taken, and remove or cause to be removed for analysis any crop or material found therein or any other matter found therein that the inspector suspects is an agricultural chemical, or portions or samples of any such crop, material or matter;
(d) ask anyone the inspector considers can help, to help the inspector search, inspect, examine, open, select, take or remove anything on the place;
(e) question with respect to matters under this Act any person; and require any person to answer the questions put and to sign a declaration of the truth of the person’s answers.
(i) there is or the inspector has reasonable ground to believe there is or will be any aircraft or ground equipment which the inspector reasonably believes to be used or intended to be used for aerial or ground distribution;
(ii) the inspector has reasonable ground to believe aerial or ground distribution is being, has been or will be carried out;
(a) to oblige any person to answer any question or make any statement which answer or statement would or would tend to incriminate the person; or
(b) to render any person liable to a penalty for failure to make such an answer or statement.
sec.35
Section sec.35
s 35 amd 1978 No. 68 s 9
om 1994 No. 78 s 37 sch
pt.7
General
General
sec.36
Faulty or defective equipment
sec.36 Faulty or defective equipment
This section applies if an inspector reasonably believes ground equipment or aerial equipment, or part of the equipment, to be faulty or defective or likely to cause loss of, or damage to, stock or crops.
The inspector may give to the owner or distribution contractor responsible for the use of the equipment, written notice requiring the owner or contractor to do any 1 or more of the following—
stop using the equipment immediately, or after a date stated in the notice, until the equipment is repaired or altered in the way stated in the notice;
repair or alter the equipment in the way, and within the time, stated in the notice;
refrain from selling, hiring, or otherwise disposing of, or parting with possession of, the equipment until the requirements under paragraph (a) or (b) have been satisfied.
A person to whom such notice has been given shall comply in every respect with the requirements of that notice.
Maximum penalty for subsection (3) —20 penalty units.
If it is not practicable to give written notice, the inspector may give the notice orally but must, as soon as practicable, give notice again in writing.
s 36 amd 1978 No. 68 s 10 ; 1983 No. 1 s 19 ; 1994 No. 78 s 37 sch ; 2002 No. 76 s 12
(sec.36-ssec.1) This section applies if an inspector reasonably believes ground equipment or aerial equipment, or part of the equipment, to be faulty or defective or likely to cause loss of, or damage to, stock or crops.
(sec.36-ssec.2) The inspector may give to the owner or distribution contractor responsible for the use of the equipment, written notice requiring the owner or contractor to do any 1 or more of the following— stop using the equipment immediately, or after a date stated in the notice, until the equipment is repaired or altered in the way stated in the notice; repair or alter the equipment in the way, and within the time, stated in the notice; refrain from selling, hiring, or otherwise disposing of, or parting with possession of, the equipment until the requirements under paragraph (a) or (b) have been satisfied.
(sec.36-ssec.3) A person to whom such notice has been given shall comply in every respect with the requirements of that notice. Maximum penalty for subsection (3) —20 penalty units.
(sec.36-ssec.4) If it is not practicable to give written notice, the inspector may give the notice orally but must, as soon as practicable, give notice again in writing.
(a) stop using the equipment immediately, or after a date stated in the notice, until the equipment is repaired or altered in the way stated in the notice;
(b) repair or alter the equipment in the way, and within the time, stated in the notice;
(c) refrain from selling, hiring, or otherwise disposing of, or parting with possession of, the equipment until the requirements under paragraph (a) or (b) have been satisfied.
sec.37
Section sec.37
s 37 sub 1970 No. 18 s 4
om 1983 No. 1 s 20
sec.38
Section sec.38
s 38 sub 1970 No. 18 s 5
amd 1983 No. 1 s 21 ; 1994 No. 78 s 37 sch
om 2002 No. 76 s 13
sec.39
Aerial or ground distribution by or under supervision of licensed persons
sec.39 Aerial or ground distribution by or under supervision of licensed persons
A person shall not carry out or cause or permit to be carried out aerial distribution unless the pilot in command of the aircraft from which the distribution is carried out holds a pilot chemical rating licence and the aerial distribution is carried out in the course of the business of, at the direction of or under the authority of a licensed aerial distribution contractor.
Maximum penalty—20 penalty units.
A person shall not carry out or cause or permit to be carried out ground distribution unless the person who operates the ground equipment from which the distribution is carried out—
either—
holds a commercial operator’s licence and carries out the ground distribution under the licence; or
operates the equipment under the supervision of the holder of a commercial operator’s licence, who is authorised under the licence to carry out the distribution and is present during the whole of the distribution; and
carries out the ground distribution in the course of the business of, at the direction of, or under the authority of—
a licensed aerial distribution contractor; or
a licensed ground distribution contractor.
Maximum penalty—20 penalty units.
It is a defence to a charge of an offence against subsection (2) that the operator of the ground equipment was using the equipment at the material time on—
land owned or occupied by—
himself or herself; or
a relative of his or hers; or
his or her employer who is primarily engaged in pastoral or agricultural pursuits and to whom he or she is bound by a contract of service that is primarily for work other than the carrying out of the ground distribution in question; or
any unallocated State land, reserve or road under the Land Act 1994 that adjoins land mentioned in paragraph (a) with the permission of the entity that holds or controls the unallocated State land, reserve or road.
s 39 sub 1970 No. 18 s 6 ; 1983 No. 1 s 22
amd 1994 No. 78 s 37 sch ; 2002 No. 76 s 14
(sec.39-ssec.1) A person shall not carry out or cause or permit to be carried out aerial distribution unless the pilot in command of the aircraft from which the distribution is carried out holds a pilot chemical rating licence and the aerial distribution is carried out in the course of the business of, at the direction of or under the authority of a licensed aerial distribution contractor. Maximum penalty—20 penalty units.
(sec.39-ssec.2) A person shall not carry out or cause or permit to be carried out ground distribution unless the person who operates the ground equipment from which the distribution is carried out— either— holds a commercial operator’s licence and carries out the ground distribution under the licence; or operates the equipment under the supervision of the holder of a commercial operator’s licence, who is authorised under the licence to carry out the distribution and is present during the whole of the distribution; and carries out the ground distribution in the course of the business of, at the direction of, or under the authority of— a licensed aerial distribution contractor; or a licensed ground distribution contractor. Maximum penalty—20 penalty units.
(sec.39-ssec.3) It is a defence to a charge of an offence against subsection (2) that the operator of the ground equipment was using the equipment at the material time on— land owned or occupied by— himself or herself; or a relative of his or hers; or his or her employer who is primarily engaged in pastoral or agricultural pursuits and to whom he or she is bound by a contract of service that is primarily for work other than the carrying out of the ground distribution in question; or any unallocated State land, reserve or road under the Land Act 1994 that adjoins land mentioned in paragraph (a) with the permission of the entity that holds or controls the unallocated State land, reserve or road.
(a) either— (i) holds a commercial operator’s licence and carries out the ground distribution under the licence; or (ii) operates the equipment under the supervision of the holder of a commercial operator’s licence, who is authorised under the licence to carry out the distribution and is present during the whole of the distribution; and
(i) holds a commercial operator’s licence and carries out the ground distribution under the licence; or
(ii) operates the equipment under the supervision of the holder of a commercial operator’s licence, who is authorised under the licence to carry out the distribution and is present during the whole of the distribution; and
(b) carries out the ground distribution in the course of the business of, at the direction of, or under the authority of— (i) a licensed aerial distribution contractor; or (ii) a licensed ground distribution contractor.
(i) a licensed aerial distribution contractor; or
(ii) a licensed ground distribution contractor.
(i) holds a commercial operator’s licence and carries out the ground distribution under the licence; or
(ii) operates the equipment under the supervision of the holder of a commercial operator’s licence, who is authorised under the licence to carry out the distribution and is present during the whole of the distribution; and
(i) a licensed aerial distribution contractor; or
(ii) a licensed ground distribution contractor.
(a) land owned or occupied by— (i) himself or herself; or (ii) a relative of his or hers; or (iii) his or her employer who is primarily engaged in pastoral or agricultural pursuits and to whom he or she is bound by a contract of service that is primarily for work other than the carrying out of the ground distribution in question; or
(i) himself or herself; or
(ii) a relative of his or hers; or
(iii) his or her employer who is primarily engaged in pastoral or agricultural pursuits and to whom he or she is bound by a contract of service that is primarily for work other than the carrying out of the ground distribution in question; or
(b) any unallocated State land, reserve or road under the Land Act 1994 that adjoins land mentioned in paragraph (a) with the permission of the entity that holds or controls the unallocated State land, reserve or road.
(i) himself or herself; or
(ii) a relative of his or hers; or
(iii) his or her employer who is primarily engaged in pastoral or agricultural pursuits and to whom he or she is bound by a contract of service that is primarily for work other than the carrying out of the ground distribution in question; or
sec.40
Obstructing inspection etc.
sec.40 Obstructing inspection etc.
Any person who—
assaults, resists, or obstructs an inspector in the exercise of the inspector’s powers or in the discharge of the inspector’s duties under this Act or attempts so to do; or
fails to answer any question put to the person in pursuance of this Act by an inspector or gives any false or misleading answer to any such question; or
directly or indirectly prevents any person from appearing before or being questioned by an inspector, or attempts so to do; or
uses any threat or any abusive or insulting language to any inspector or to an employee with respect to any inspection or examination or questioning; or
fails when reasonably required so to do to assist an inspector in the exercise of the inspector’s powers under section 34 ;
shall be guilty of an offence against this Act.
Maximum penalty—20 penalty units or imprisonment for 6 months.
s 40 amd 1978 No. 68 s 11 ; 1983 No. 1 s 23 ; 1994 No. 78 s 37 sch
(a) assaults, resists, or obstructs an inspector in the exercise of the inspector’s powers or in the discharge of the inspector’s duties under this Act or attempts so to do; or
(b) fails to answer any question put to the person in pursuance of this Act by an inspector or gives any false or misleading answer to any such question; or
(c) directly or indirectly prevents any person from appearing before or being questioned by an inspector, or attempts so to do; or
(d) uses any threat or any abusive or insulting language to any inspector or to an employee with respect to any inspection or examination or questioning; or
(e) fails when reasonably required so to do to assist an inspector in the exercise of the inspector’s powers under section 34 ;
sec.41
Section sec.41
s 41 amd 1983 No. 1 s 24
om 1994 No. 78 s 37 sch
sec.42
Prosecutions generally
sec.42 Prosecutions generally
An offence against this Act is a summary offence, unless expressly provided otherwise.
A proceeding for an offence against this Act must start—
within 1 year after the offence is committed; or
within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.
s 42 sub 1994 No. 78 s 37 sch
amd 2002 No. 76 sch 2
(sec.42-ssec.1) An offence against this Act is a summary offence, unless expressly provided otherwise.
(sec.42-ssec.2) A proceeding for an offence against this Act must start— within 1 year after the offence is committed; or within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.
(a) within 1 year after the offence is committed; or
(b) within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.
sec.43
Responsibility for acts or omissions of representatives
sec.43 Responsibility for acts or omissions of representatives
If, in a proceeding for an offence against this Act, it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—
the act or omission was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and
the representative had the state of mind.
An act or omission done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken, in a proceeding for an offence against this Act, to have been done or omitted to be done also by the person, unless the person proves the person took all reasonable steps to prevent the act or omission.
If—
an individual is convicted of an offence against this Act; and
the individual would not have been convicted of the offence if subsections (1) and (2) had not been enacted;
the individual is not liable to be punished by imprisonment for the offence.
s 43 sub 1994 No. 78 s 37 sch
(sec.43-ssec.1) If, in a proceeding for an offence against this Act, it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act or omission was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.
(sec.43-ssec.2) An act or omission done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken, in a proceeding for an offence against this Act, to have been done or omitted to be done also by the person, unless the person proves the person took all reasonable steps to prevent the act or omission.
(sec.43-ssec.3) If— an individual is convicted of an offence against this Act; and the individual would not have been convicted of the offence if subsections (1) and (2) had not been enacted; the individual is not liable to be punished by imprisonment for the offence.
(a) the act or omission was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and
(b) the representative had the state of mind.
(a) an individual is convicted of an offence against this Act; and
(b) the individual would not have been convicted of the offence if subsections (1) and (2) had not been enacted;
sec.44
Liability of executive officer—offence committed by corporation against s 26 (3)
sec.44 Liability of executive officer—offence committed by corporation against s 26 (3)
An executive officer of a corporation commits an offence if—
the corporation commits an offence against section 26 (3) ; and
the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.
Maximum penalty—the penalty for a contravention of section 26 (3) by an individual.
In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1) (b) , a court must have regard to—
whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against section 26 (3) ; and
whether the officer was in a position to influence the corporation’s conduct in relation to the offence against section 26 (3) ; and
any other relevant matter.
The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against section 26 (3) .
This section does not affect—
the liability of the corporation for the offence against section 26 (3) ; or
the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 26 (3) .
s 44 sub 1994 No. 78 s 37 sch ; 2015 No. 15 s 16
(sec.44-ssec.1) An executive officer of a corporation commits an offence if— the corporation commits an offence against section 26 (3) ; and the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of section 26 (3) by an individual.
(sec.44-ssec.2) In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1) (b) , a court must have regard to— whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against section 26 (3) ; and whether the officer was in a position to influence the corporation’s conduct in relation to the offence against section 26 (3) ; and any other relevant matter.
(sec.44-ssec.3) The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against section 26 (3) .
(sec.44-ssec.4) This section does not affect— the liability of the corporation for the offence against section 26 (3) ; or the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 26 (3) .
(a) the corporation commits an offence against section 26 (3) ; and
(b) the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.
(a) whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against section 26 (3) ; and
(b) whether the officer was in a position to influence the corporation’s conduct in relation to the offence against section 26 (3) ; and
(c) any other relevant matter.
(a) the liability of the corporation for the offence against section 26 (3) ; or
(b) the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 26 (3) .
sec.44A
Section sec.44A
s 44A ins 1994 No. 78 s 37 sch ; 2013 No. 41 s 19
om 2015 No. 15 s 16
sec.45
Evidence
sec.45 Evidence
In any proceedings—
it shall not be necessary to prove the appointment of any officer, or the authority of any officer to do any act or to give any direction or order; and
a certificate purporting to be under the hand of the standards officer of the standards officer making any request under this Act, or of the standards officer giving, issuing, or posting any notice, direction, or other thing under this Act, or of the standards officer giving or not giving any authority under this Act or of the receipt or non-receipt by the standards officer of any notice, application, or other document or of any other thing required by or under this Act to be given, made, or lodged to or with the standards officer, shall upon its production in evidence, be evidence of the matter or matters certified to therein and that the signature on the certificate is the signature of the standards officer, and in the absence of evidence in rebuttal, shall be conclusive evidence of such matter or matters and signature; and
the production of a certificate of analysis purporting to be under the hand of an analyst shall upon its production in evidence be evidence of the matter or matters certified therein and that the signature thereon is the signature of the analyst concerned, and in the absence of evidence in rebuttal shall be conclusive evidence of such matter or matters and signature.
s 45 amd 2013 No. 41 s 20
(a) it shall not be necessary to prove the appointment of any officer, or the authority of any officer to do any act or to give any direction or order; and
(b) a certificate purporting to be under the hand of the standards officer of the standards officer making any request under this Act, or of the standards officer giving, issuing, or posting any notice, direction, or other thing under this Act, or of the standards officer giving or not giving any authority under this Act or of the receipt or non-receipt by the standards officer of any notice, application, or other document or of any other thing required by or under this Act to be given, made, or lodged to or with the standards officer, shall upon its production in evidence, be evidence of the matter or matters certified to therein and that the signature on the certificate is the signature of the standards officer, and in the absence of evidence in rebuttal, shall be conclusive evidence of such matter or matters and signature; and
(c) the production of a certificate of analysis purporting to be under the hand of an analyst shall upon its production in evidence be evidence of the matter or matters certified therein and that the signature thereon is the signature of the analyst concerned, and in the absence of evidence in rebuttal shall be conclusive evidence of such matter or matters and signature.
sec.46
Chief executive may approve forms
sec.46 Chief executive may approve forms
The chief executive may approve forms for use under this Act.
s 46 amd 1983 No. 1 s 25
sub 1994 No. 78 s 37 sch
sec.47
Section sec.47
s 47 om 1994 No. 78 s 37 sch
sec.48
Regulation-making power
sec.48 Regulation-making power
The Governor in Council may make regulations under this Act.
A regulation may make provision about the following—
regulating aerial and ground distribution of agricultural chemicals over hazardous areas, including issuing permits for carrying out the distribution (and cancelling and suspending them);
regulating the flying of aircraft equipped with aerial equipment, or movement of ground equipment carrying agricultural chemicals, over hazardous areas;
providing for and regulating the cleansing of aircraft and ground equipment used to carry agricultural chemicals;
regulating aerial and ground distribution of agricultural chemicals in conditions likely to cause the chemicals to drift;
regulating the use in aerial and ground distribution of preparations containing agricultural chemicals;
regulating the droplet or particle size in aerial and ground distribution;
the types of aerial and ground equipment that may be used;
regulating the type of aerial and ground distribution and the appliances that may be used;
types of licences, qualifications needed to hold a licence, terms under which licences may be obtained and held and the authority the licence confers on the licensee;
testing of licensees, the entity giving the tests, the times and places the tests are to be held, and the subjects of the tests;
fees to be paid for the issue or renewal of a licence, an application for a licence or permit, undertaking a test or any other purpose of the Act ;
regulating inspection, investigation and samples, including—
the way samples are taken; and
the quantity or weight of samples; and
the labelling of samples; and
the delivery of samples to the standards officer;
analysis and examination of agricultural chemicals, portions, samples, material and other things for this Act, including ways of analysing and examining to decide—
the composition or physical properties of an agricultural chemical; or
the nature and amount of residue on any crop or stock; or
damage to any crop or stock;
imposing penalties not exceeding 35 penalty units for a contravention of a regulation;
regulating cancellation and suspension of licences.
s 48 amd 1970 No. 18 s 7 ; 1983 No. 1 s 26
sub 1994 No. 78 s 37 sch
amd 2002 No. 76 s 15
(sec.48-ssec.1) The Governor in Council may make regulations under this Act.
(sec.48-ssec.2) A regulation may make provision about the following— regulating aerial and ground distribution of agricultural chemicals over hazardous areas, including issuing permits for carrying out the distribution (and cancelling and suspending them); regulating the flying of aircraft equipped with aerial equipment, or movement of ground equipment carrying agricultural chemicals, over hazardous areas; providing for and regulating the cleansing of aircraft and ground equipment used to carry agricultural chemicals; regulating aerial and ground distribution of agricultural chemicals in conditions likely to cause the chemicals to drift; regulating the use in aerial and ground distribution of preparations containing agricultural chemicals; regulating the droplet or particle size in aerial and ground distribution; the types of aerial and ground equipment that may be used; regulating the type of aerial and ground distribution and the appliances that may be used; types of licences, qualifications needed to hold a licence, terms under which licences may be obtained and held and the authority the licence confers on the licensee; testing of licensees, the entity giving the tests, the times and places the tests are to be held, and the subjects of the tests; fees to be paid for the issue or renewal of a licence, an application for a licence or permit, undertaking a test or any other purpose of the Act ; regulating inspection, investigation and samples, including— the way samples are taken; and the quantity or weight of samples; and the labelling of samples; and the delivery of samples to the standards officer; analysis and examination of agricultural chemicals, portions, samples, material and other things for this Act, including ways of analysing and examining to decide— the composition or physical properties of an agricultural chemical; or the nature and amount of residue on any crop or stock; or damage to any crop or stock; imposing penalties not exceeding 35 penalty units for a contravention of a regulation; regulating cancellation and suspension of licences.
(a) regulating aerial and ground distribution of agricultural chemicals over hazardous areas, including issuing permits for carrying out the distribution (and cancelling and suspending them);
(b) regulating the flying of aircraft equipped with aerial equipment, or movement of ground equipment carrying agricultural chemicals, over hazardous areas;
(c) providing for and regulating the cleansing of aircraft and ground equipment used to carry agricultural chemicals;
(d) regulating aerial and ground distribution of agricultural chemicals in conditions likely to cause the chemicals to drift;
(e) regulating the use in aerial and ground distribution of preparations containing agricultural chemicals;
(f) regulating the droplet or particle size in aerial and ground distribution;
(g) the types of aerial and ground equipment that may be used;
(h) regulating the type of aerial and ground distribution and the appliances that may be used;
(i) types of licences, qualifications needed to hold a licence, terms under which licences may be obtained and held and the authority the licence confers on the licensee;
(j) testing of licensees, the entity giving the tests, the times and places the tests are to be held, and the subjects of the tests;
(k) fees to be paid for the issue or renewal of a licence, an application for a licence or permit, undertaking a test or any other purpose of the Act ;
(l) regulating inspection, investigation and samples, including— (i) the way samples are taken; and (ii) the quantity or weight of samples; and (iii) the labelling of samples; and (iv) the delivery of samples to the standards officer;
(i) the way samples are taken; and
(ii) the quantity or weight of samples; and
(iii) the labelling of samples; and
(iv) the delivery of samples to the standards officer;
(m) analysis and examination of agricultural chemicals, portions, samples, material and other things for this Act, including ways of analysing and examining to decide— (i) the composition or physical properties of an agricultural chemical; or (ii) the nature and amount of residue on any crop or stock; or (iii) damage to any crop or stock;
(i) the composition or physical properties of an agricultural chemical; or
(ii) the nature and amount of residue on any crop or stock; or
(iii) damage to any crop or stock;
(n) imposing penalties not exceeding 35 penalty units for a contravention of a regulation;
(o) regulating cancellation and suspension of licences.
(i) the way samples are taken; and
(ii) the quantity or weight of samples; and
(iii) the labelling of samples; and
(iv) the delivery of samples to the standards officer;
(i) the composition or physical properties of an agricultural chemical; or
(ii) the nature and amount of residue on any crop or stock; or
(iii) damage to any crop or stock;
pt.8
Transitional provisions for Agriculture and Other Legislation Amendment Act 2015
Transitional provisions for Agriculture and Other Legislation Amendment Act 2015
sec.49
Definition for pt 8
sec.49 Definition for pt 8
In this part—
amending Act means the Agriculture and Other Legislation Amendment Act 2015 .
s 49 ins 2015 No. 15 s 17
sec.50
Holder of former pilot chemical rating licence
sec.50 Holder of former pilot chemical rating licence
This section applies if, immediately before the commencement, a person held a pilot chemical rating licence.
The licence is taken to have been issued under section 17.
s 50 ins 2015 No. 15 s 17
(sec.50-ssec.1) This section applies if, immediately before the commencement, a person held a pilot chemical rating licence.
(sec.50-ssec.2) The licence is taken to have been issued under section 17.
sec.51
Undecided application for pilot chemical rating licence
sec.51 Undecided application for pilot chemical rating licence
This section applies if, immediately before the commencement—
a person held a commercial pilot’s licence; and
an application by the person for a pilot chemical rating licence had not been decided.
The application may be decided as if the amending Act had not been enacted.
If the person is granted a pilot chemical rating licence on the application, the person is taken to hold the authorisation mentioned in section 17A(1)(a) while the person holds a commercial pilot’s licence.
In this section—
commercial pilot’s licence means a commercial pilot’s licence, endorsed with an agricultural rating, issued under the Civil Aviation Regulations or Orders (Cwlth).
s 51 ins 2015 No. 15 s 17
(sec.51-ssec.1) This section applies if, immediately before the commencement— a person held a commercial pilot’s licence; and an application by the person for a pilot chemical rating licence had not been decided.
(sec.51-ssec.2) The application may be decided as if the amending Act had not been enacted.
(sec.51-ssec.3) If the person is granted a pilot chemical rating licence on the application, the person is taken to hold the authorisation mentioned in section 17A(1)(a) while the person holds a commercial pilot’s licence.
(sec.51-ssec.4) In this section— commercial pilot’s licence means a commercial pilot’s licence, endorsed with an agricultural rating, issued under the Civil Aviation Regulations or Orders (Cwlth).
(a) a person held a commercial pilot’s licence; and
(b) an application by the person for a pilot chemical rating licence had not been decided.
sec.52
Holder of former aerial distribution contractor licence
sec.52 Holder of former aerial distribution contractor licence
This section applies if, immediately before the commencement, a person held an aerial distribution contractor licence.
The licence is taken to have been issued under section 17.
s 52 ins 2015 No. 15 s 17
(sec.52-ssec.1) This section applies if, immediately before the commencement, a person held an aerial distribution contractor licence.
(sec.52-ssec.2) The licence is taken to have been issued under section 17.
sec.53
Undecided application for aerial distribution contractor licence
sec.53 Undecided application for aerial distribution contractor licence
This section applies if, immediately before the commencement—
a person held a formerly required civil aviation authorisation; and
an application by the person for an aerial distribution contractor licence had not been decided.
The application may be decided as if the amending Act had not been enacted.
If the person is granted an aerial distribution contractor licence on the application, the person is taken to hold the authorisation mentioned in section 17B(1)(a) while the person holds a formerly required civil aviation authorisation.
In this section—
formerly required civil aviation authorisation means a civil aviation authorisation required to apply for an aerial distribution contractor licence.
s 53 ins 2015 No. 15 s 17
(sec.53-ssec.1) This section applies if, immediately before the commencement— a person held a formerly required civil aviation authorisation; and an application by the person for an aerial distribution contractor licence had not been decided.
(sec.53-ssec.2) The application may be decided as if the amending Act had not been enacted.
(sec.53-ssec.3) If the person is granted an aerial distribution contractor licence on the application, the person is taken to hold the authorisation mentioned in section 17B(1)(a) while the person holds a formerly required civil aviation authorisation.
(sec.53-ssec.4) In this section— formerly required civil aviation authorisation means a civil aviation authorisation required to apply for an aerial distribution contractor licence.
(a) a person held a formerly required civil aviation authorisation; and
(b) an application by the person for an aerial distribution contractor licence had not been decided.
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the Agricultural Chemicals Distribution Control Act 1966 .
sec.2 Commencement of pts 3 – 6
sec.2 Commencement of pts 3 – 6
Parts 3 and 4 shall come into operation on a date to be fixed by the Governor in Council by proclamation published in the gazette.
The same date may be so fixed in respect of both of those parts or different dates may be so fixed in respect of them respectively.
Parts 5 and 6 shall come into operation—
to the extent to which the provisions of those parts relate to aerial distribution—on the date on which part 3 comes into operation; and
to the extent to which the provisions of those parts relate to ground distribution—on the date on which part 4 comes into operation.
No provision of this section or proclamation made under this section shall limit or prejudice howsoever the power conferred upon the Governor in Council by section 3 .
(sec.2-ssec.1) Parts 3 and 4 shall come into operation on a date to be fixed by the Governor in Council by proclamation published in the gazette.
(sec.2-ssec.1A) The same date may be so fixed in respect of both of those parts or different dates may be so fixed in respect of them respectively.
(sec.2-ssec.2) Parts 5 and 6 shall come into operation— to the extent to which the provisions of those parts relate to aerial distribution—on the date on which part 3 comes into operation; and to the extent to which the provisions of those parts relate to ground distribution—on the date on which part 4 comes into operation.
(sec.2-ssec.3) No provision of this section or proclamation made under this section shall limit or prejudice howsoever the power conferred upon the Governor in Council by section 3 .
(a) to the extent to which the provisions of those parts relate to aerial distribution—on the date on which part 3 comes into operation; and
(b) to the extent to which the provisions of those parts relate to ground distribution—on the date on which part 4 comes into operation.
sec.3 Application of Act
sec.3 Application of Act
The Governor in Council, by regulation, may declare that this Act, or a specified provision of this Act, does not apply in a specified part of the State.
s 3 sub 1994 No. 78 s 37 sch
sec.4 Act to bind Crown
sec.4 Act to bind Crown
Save as where otherwise expressly provided in this Act, the provisions of this Act bind the Crown.
Section sec.5
Enforcement mechanics include inspector powers (broad entry, search, seizure for analysis, questioning with protections against self‑incrimination, and a requirement to have identity cards produced or displayed) (ss 7B-7C, 34). Inspectors can direct repair or cessation of use of equipment believed to be faulty (s 36). A standards officer may suspend a licence for up to one month during an investigation (s 20). The chief executive must follow a procedural show‑cause process before suspension or cancellation in most cases (ss 21A-21D) and decisions are reviewable by QCAT (s 22). The Act also contains corporate liability rules (executive officer offence where the corporation contravenes s 26(3) and the officer failed to take all reasonable steps) (s 44).
The Act gives the Governor in Council a wide regulation‑making power covering hazardous areas, droplet/particle sizes, types of equipment, testing, fees, inspections, labelling and sample procedures and the power to prescribe penalties up to 35 penalty units (s 48). It cross‑references Commonwealth civil aviation authorisations (as prerequisites) and other Queensland statutes (for example, Medicines and Poisons Act 2019, Land Act 1994, and the QCAT Act) (ss 12, 15, 16A, 39, 22). The Act binds the Crown unless expressly stated otherwise (s 4) and adopts definitions in the Agvet Code where those words are used (s 6A).
In short, the Act establishes licensing preconditions linked to aviation authorisations, procedural safeguards for licence suspension/cancellation, detailed record obligations intended to create an evidentiary trail for each application of agricultural chemicals, inspector powers to inspect and seize samples, and a delegated regulatory architecture to define technical standards and hazardous areas.
Main concepts
The Act’s structure organises around a few recurring statutory concepts. These concepts are defined by the sections that create duties, prerequisites and enforcement powers.
Licence types and authorisations. The Act distinguishes licences by role and platform: a pilot chemical rating licence (s 12) authorises an individual pilot or UAV controller to act as pilot in command or UAV controller while performing aerial distribution; an aerial distribution contractor licence (s 15) authorises the entity that operates aircraft or UAVs for hire/reward or that contracts aerial distribution; a commercial operator’s licence (s 16) covers ground equipment operators; and a ground distribution contractor licence is authorised by s 16B. The Act ties those licences to corresponding civil aviation authorisations or AOC endorsements (ss 12(3)-(4), 15(3)-(4), 17A(1)(a), 17B(1)(a)).
Distribution contractor. The term distribution contractor appears across record and compliance sections (for example s 26). Those contractors are the natural targets of record‑keeping duties and the standards officer’s requests. The Act requires distribution contractors to make and retain distribution records and to provide copies to the standards officer on request (s 26(1)-(2)).
Inspector and standards officer roles. The chief executive appoints inspectors and analysts and may limit inspectors’ powers (ss 7, 7A). Inspectors are issued identity cards and must produce or display them prior to exercising powers (ss 7B-7C). The standards officer is the official responsible for keeping the public register of licensees and can suspend licences in limited circumstances (s 24, s 20), and may request records from distribution contractors (s 26(2)).
Record‑keeping. A detailed record is required for each distribution (s 26). The required particulars include identity of pilot/operator, recipient of spraying, full chemical identification and active constituent, diluents and adjuvants, exact land description or location, date/time, wind velocity/direction and changes, applied quantity/concentration/volume, area treated, crop type and purpose. The retention period is two years and failure to keep or furnish records is an offence (s 26).
Hazardous areas and technical regulation. The Governor in Council may declare hazardous areas and prescribe conditions for distribution in those areas; the chief executive must publish the declaration (ss 28-29). Regulations may set technical standards including droplet or particle size, permissible equipment, cleansing procedures, and rules for operations in drift‑prone conditions (s 48).
Procedural fairness and review. Before suspension or cancellation the chief executive must issue a show cause notice with particulars and afford a minimum 21‑day show cause period (ss 21A-21B). The Act provides for consideration of representations and sets out steps to end the process without action if grounds no longer exist (s 21C). Decisions to refuse/condition/suspend/cancel are reviewable by QCAT (s 22).
Liability layering. The Act imposes primary offences on individuals and corporations (e.g. record offences, obstruction), and follows with secondary liability for executive officers where the corporation offends and the officer did not take all reasonable steps (s 44). Regulation‑making power allows additional regulatory offences up to 35 penalty units (s 48).
Interlegality. The Act embeds cross‑references. It imports meanings from the Agvet Code (s 6A) and refers to the Medicines and Poisons Act 2019 (s 21(1)(a), s 16A), Commonwealth civil aviation authorisations (ss 12, 15, 51 transitional), the Land Act 1994 for certain defences (s 39(3)), and the QCAT Act for review (s 22).
The statutory design emphasises licensing tied to aviation authorisations, detailed contemporaneous operational records, inspector access and investigatory powers, and delegated regulatory capacity for technical matters. Those concepts repeat across the aerial and ground distribution parts (pts 3-6) and underpin enforcement and procedural mechanics later in the Act (pts 6-8).
Who it affects
The Act’s subject universe is fairly concentrated. The principal affected groups and stakeholders, and who bears regulatory obligations, are as follows.
Pilots and UAV controllers intending to apply agricultural chemicals. Individuals who pilot manned aircraft or control UAVs for aerial distribution must hold a pilot chemical rating licence and the appropriate civil aviation authorisation (ss 12, 17A). If their civil aviation authorisation expires, is cancelled or suspended, the pilot chemical rating licence also ceases automatically (s 13). Transitional provisions address holders of former licences (pts 8, ss 50-53).
Aerial distribution contractors. Businesses that provide aerial spraying services or operate aircraft/UAVs for hire or reward must hold an aerial distribution contractor licence and the necessary AOC or UAV hire/reward authorisation (s 15, 17B). Aerial distribution contractor licences may be suspended or cancelled for the grounds listed in s 21 and are subject to the conditions in s 17B.
Commercial ground operators and ground distribution contractors. Those operating ground equipment for distribution must hold a commercial operator’s licence of the prescribed class (s 16) or operate under the supervision of a licensed commercial operator in the circumstances the Act allows (s 39). The Act also authorises ground distribution contractor licences (s 16B).
Pest management technicians with prescribed qualifications. The Act treats certain pest management technicians as holding commercial operator’s licences for ground distribution where they hold prescribed qualifications; the Act also applies sections for suspension/cancellation with necessary adjustments (s 16A). The relevant pest management licence under the Medicines and Poisons Act 2019 is referenced (s 16A).
Distribution contractors and owners/operators of equipment. Distribution contractors must make and retain the prescribed records (s 26). Owners or operators of aerial or ground equipment are subject to inspector intervention if equipment is faulty or defective (s 36) and to inspection powers (s 34).
Corporate executive officers. Executive officers of corporations face direct liability if the corporation commits an offence against s 26(3) (failure to make/keep/furnish records) and the officer did not take all reasonable steps to prevent it; the court must consider what steps were reasonable (s 44).
Landowners, occupiers and members of the public. Persons for whom distribution is being carried out are identifiable in the statutory record requirements (s 26). The statute also creates a narrow defence for ground operators performing distributions on their own land or certain adjoining State land or land occupied by relatives or specified employers; that defence affects farmers and employers (s 39(3)).
Inspectors, analysts and standards officer. The chief executive appoints inspectors and analysts, issues identity cards, and may delegate powers to the standards officer (ss 7-8, 7B-7C, 24). Inspectors have broad powers to enter places, take samples, question persons, and require production of records (s 34).
Administrative decision‑makers and review bodies. The chief executive and standards officer exercise decision and enforcement powers (ss 17-21D, 24). The Act contemplates review by QCAT for refusals, conditions, suspensions and cancellations (s 22).
All persons within hazardous areas and those whose land adjoins declared hazardous areas. Regulations may declare areas hazardous and prescribe conditions (s 28), and it is an offence to carry out distribution that does not comply with those conditions (s 29).
In short, the regulatory costs concentrate on a relatively small set of commercial actors who distribute agricultural chemicals from aircraft or ground equipment, as well as corporate management whose governance practices affect compliance with record obligations. Members of the public and landowners can be indirectly affected through hazardous area declarations, and the Act imposes investigatory powers and record production obligations that reach those parties involved in distributions.
Key duties and rights
Duties
Licensing prerequisites. Applicants must apply in the approved form with prescribed fees and give further relevant information if requested (s 17(1)-(2)). Pilot applicants must demonstrate they hold the required civil aviation authorisation relevant to whether they will pilot a manned aircraft or operate a UAV (s 12(2)-(4)). Aerial contractors must show they hold an AOC endorsement or UAV authorisation as relevant (s 15(2)-(4)). Ground operators must meet qualifications prescribed under regulation for the class of commercial operator’s licence sought (s 16(1)-(2)).
Licence conditions and age. Pilot chemical rating licences and aerial contractor licences are subject to conditions that require the licensee to hold the civil aviation authorisation appropriate to the operation and any other reasonable conditions imposed by the chief executive for the proper control of aerial distribution (ss 17A(1)-(2), 17B(1)-(2)). The chief executive may only issue pilot chemical rating licences or commercial operator licences to applicants who are at least 17 years old (s 17(5)).
Compliance with licence conditions. Licensees must not contravene a condition of the licence unless they have a reasonable excuse; contraventions attract a maximum penalty of 100 penalty units (s 17C).
Records. Distribution contractors must create and retain detailed records for every distribution for two years (s 26(1)). The records include chemical identification, wind speed/direction, location, time, quantity and concentration, area treated and purpose, among other particulars (s 26(1)(d)-(l)). Distribution contractors must furnish copies to the standards officer on written request within the period and manner specified (s 26(2)).
Notifications and renewals. Licensees must apply for renewal within 60 days before expiry (s 19(1)). Licensees must notify the chief executive in writing within 21 days of prescribed changes in circumstances such as a change of name or address (s 19B).
Equipment safety. Where an inspector reasonably believes equipment is faulty or defective or likely to cause loss/damage, the inspector may require the owner or contractor to stop using, repair/alter, or refrain from selling the equipment until remedied (s 36). The recipient must comply and faces penalty for non‑compliance.
Cooperation with inspectors. Persons must produce distribution records on request by an inspector and must not obstruct or assault inspectors or give false answers to questions; these actions are offences (ss 27, 40). Inspectors may keep records temporarily to copy them but must return originals as soon as practicable (s 27(4)-(5)).
Rights and procedural safeguards
Show cause and written reasons. Where the chief executive believes a ground exists to suspend or cancel a licence, the licensee must be given a show cause notice with the proposed action, grounds, an outline of facts, proposed suspension period (if suspension) and an opportunity to make representations within a minimum 21‑day show cause period (ss 21A-21B).
Consideration of representations and notice of decision. The chief executive must consider representations and if, after consideration, still satisfied, may suspend or cancel as allowed (s 21D). If the chief executive decides to act, the licensee must be given an information notice and the effective date of the decision is the later of the day the notice is given or the day stated in the notice (s 21D(3)-(4)).
Review rights. Decisions to refuse an application, impose a condition, or suspend/cancel a licence are reviewable by QCAT under the QCAT Act (s 22).
Protection against self‑incrimination. Inspectors’ questioning powers do not oblige a person to answer anything that would or tend to incriminate them, and cannot render a person liable to penalty for refusal to answer such a question (s 34(2)).
Limits on entry to dwellings. Inspectors cannot enter and search dwellings or residential parts without occupier permission unless they do so under a search warrant issued by a justice of the peace on sworn complaint with reasonable grounds (s 34(3)-(4)).
Continuity during renewal. If a licensee has applied to renew a licence, the licence continues in force from the day it would have otherwise expired until the application is granted, withdrawn, or refused, unless the licence is earlier suspended or cancelled (s 19A).
Publication and public register. The standards officer must keep a public register of all licensees and prescribed particulars, available for public inspection at reasonable times (s 24).
These duties and rights establish a compliance‑centric regime where holding and maintaining the correct aviation authorisations is an ongoing condition of a pilot license; record creation and retention is a core operational duty; and the Act provides procedural steps and review mechanisms for licensees facing suspension or cancellation.
Penalties and enforcement
The Act prescribes a range of penalties and a layered enforcement architecture that combines administrative action, criminal sanctions and regulatory offences created by regulation. The enforcement instruments and penalties are:
Criminal offence penalties set in the Act
Contravention of licence conditions. A licence holder who contravenes a condition of the licence without a reasonable excuse faces a maximum penalty of 100 penalty units (s 17C). The penalty can be imposed whether or not the licence is suspended or cancelled because of the contravention.
Record‑keeping and related offences. Failure to make, keep, or furnish a record as required by s 26(1)-(2) is an offence with a maximum penalty of 20 penalty units (s 26(2A)). Altering, falsifying, making false entries or omitting material particulars in such records with intent to defraud or deceive is a more serious offence with the following maximums: on indictment 50 penalty units or imprisonment for 5 years; on summary proceeding 50 penalty units or imprisonment for 1 year (s 26(3)).
Failure to produce records. Under s 27, failure to immediately produce a required record to an inspector is an offence with a maximum penalty of 20 penalty units unless reasonable excuse is shown (s 27(3)).
Hazardous area contravention. A person must not carry out aerial or ground distribution in a hazardous area unless the distribution is carried out under prescribed conditions; the maximum penalty for contravention is 100 penalty units or imprisonment for 6 months (s 29).
Obstruction of inspectors. Assaulting, resisting or obstructing an inspector, failing to answer questions (unless self‑incrimination applies), preventing persons from appearing before an inspector, using threats or abusive language, or failing to assist when reasonably required attracts a maximum penalty of 20 penalty units or imprisonment for 6 months (s 40).
Equipment notice non‑compliance. Failure to comply with an inspector’s written notice about faulty or defective equipment attracts a maximum penalty of 20 penalty units (s 36(3)).
Executive officer liability. An executive officer commits an offence if the corporation commits an offence under s 26(3) and the officer did not take all reasonable steps to prevent it. The maximum penalty is the same as that for an individual contravention of s 26(3) (s 44(1)).
Administrative enforcement and civil administrative mechanisms
Suspension by standards officer. The standards officer may suspend a licence for up to one month where it is in the public interest during an investigation (s 20). Such suspension remains in force unless removed by the chief executive.
Suspension/cancellation by chief executive. The chief executive may suspend or cancel licences where statutory grounds exist (s 21, s 21D). The chief executive must follow the show cause process before taking action in most cases (ss 21A-21D).
Effect of suspension. Suspension operates like cancellation for the suspension period, prohibits issuance of any licence under the Act to the person while suspended, and does not extend the licence period after suspension ceases (s 23).
Inspector powers to seize and analyze. Inspectors may select, remove and take samples for analysis; they may inspect, open packages that are believed to contain agricultural chemicals and question persons with rights against compelled self‑incrimination (s 34). An analyst’s certificate of analysis is evidence in proceedings (s 45).
Regulatory offences and delegated penalties
Regulations may prescribe offences with penalties not exceeding 35 penalty units for contravention of a regulation (s 48(2)(n)). Regulations may also govern technical standards, hazardous areas, cleansing procedures and testing.
Procedural limitations on prosecution
Time limits. Proceedings for offences under the Act are summary unless stated otherwise and must start within one year after the offence or within six months after the offence comes to complainant’s knowledge but within two years of the commission (s 42).
Evidence and administrative presumptions
Certificates from the standards officer or an analyst are conclusive evidence in the absence of rebuttal (s 45). The Act also makes it unnecessary to prove the appointment or authority of an officer in proceedings (s 45(1)).
Taken together, the statutory framework combines criminal penalties (including significant maximums for falsifying records or contravening hazardous area rules), administrative suspension and cancellation powers, powers for inspectors to seize and sample, and delegated regulation powers to impose further penalties and technical standards. The executive officer provision in s 44 spreads potential liability up to senior management where corporate compliance fails.
How it interacts with other laws
The Act explicitly interacts with several other statutory regimes and instruments, using cross‑references and imports to situate its licensing and enforcement mechanics in a broader legal framework.
Agvet Code. Section 6A imports words and expressions used in the Agvet Code and directs that terms used in both the Agvet Code and this Act share the same meanings in this Act as in the Agvet Code. The section also signposts that words expressly defined in s 3 of the Agvet Code are referenced in the Act’s dictionary. Practically, that importation aligns regulatory language on agricultural chemical matters with the Agvet Code’s technical definitions.
Commonwealth civil aviation authorisations. The Act conditions both pilot chemical rating licences and aerial distribution contractor licences on the existence of specific civil aviation authorisations, including commercial pilot authorisations, controllers’ authorisations for UAVs and AOCs endorsed for aerial application operations (ss 12(3)-(4), 15(3)-(4), 17A(1)(a), 17B(1)(a)). Section 13 provides that if the underlying civil aviation authorisation expires, is cancelled or suspended, the chemical rating licence automatically ceases to be in force. Transitional provisions (pt 8, ss 50-53) recognise pre‑existing civil aviation licences and authorisations in deciding undeclared applications.
Medicines and Poisons Act 2019. The Act references the Medicines and Poisons Act 2019 in two ways. Section 21(1)(a) lists commission of an offence against the Medicines and Poisons Act 2019, s 47 as a ground for suspending or cancelling a licence. Section 16A treats holders of pest management licences under the Medicines and Poisons Act 2019 as being taken to hold commercial operator licences for certain ground distribution provisions, subject to prescribed qualifications.
Land Act 1994. Section 39(3) provides a statutory defence to charges concerning ground distribution where the operator was using equipment on land owned or occupied by themselves, relatives, or an employer primarily engaged in pastoral/agricultural pursuits under certain contractual relationships; it also extends the defence to use on adjoining unallocated State land, reserve or road under the Land Act 1994 with permission of the controlling entity. This bridges the Act to land management rules under the Land Act.
QCAT Act. Section 22 provides that decisions of the chief executive to refuse applications, impose licence conditions or suspend/cancel licences are reviewable by QCAT under the QCAT Act. This creates an administrative review path within Queensland’s tribunal system.
Criminal Code. Section 44 references the Criminal Code in relation to the liability of persons for offences, clarifying that s 44 does not affect Criminal Code vicarious or other liability provisions (s 44(4)).
General regulatory architecture. The Governor in Council’s regulation‑making power (s 48) allows the Act’s technical and operational requirements (droplet size, cleansing procedures, hazardous areas, testing, fees, labelling of samples, etc.) to be set by subordinate legislation. Those regulations may overlay further obligations and penalties (up to 35 penalty units).
Interaction with other Queensland acts and common law. The Act binds the Crown except where expressly provided otherwise (s 4), meaning Crown actors are generally subject to the Act. The show cause processes and review mechanisms intersect with administrative law principles and procedural protections embedded in other Queensland statutes.
The statute integrates operational licensing with aviation safety regulation, poisons control, land tenure and administrative law review channels. Practically, operators must maintain compliance across multiple regimes: civil aviation authorisations, medicines/poisons licensing for certain actors, and any subordinate regulations issued under the Governor in Council power.
Amendment history
The Act text provided includes inline amendment notes identifying specific insertions, amendments and omissions recorded in the statute text. The notable amendment annotations present in the supplied text are the following.
1994 consolidations and schedule insertions. Several sections were amended, inserted or had prior subsections replaced by the "1994 No. 78 s 37 sch" amendment notation. For example, s 3 carries the notation "s 3 sub 1994 No. 78 s 37 sch", and s 7 onwards show similar references; these indicate that a 1994 legislative instrument materially altered numerous parts of the Act, relocating definitions to the schedule (see s 6 note).
2002 amendments. Several sections show amendments noted "2002 No. 76". For example, s 6A was amended in 2002 (s 6A ins 1994 No. 78 s 37 sch; amd 2002 No. 76 s 5). Sections dealing with licence terms, applications and regulations bear "2002 No. 76 s 8" and other cross‑references (e.g. s 18, s 19, s 26). Section 16A was inserted by 2002 No. 76 s 6, taking effect to treat pest management technicians as commercial operators for ground distribution.
2013 amendments. Multiple sections have notation "2013 No. 41". The chief executive’s delegations and related provisions show "sub 2013 No. 41 s 4" and sections 21 onwards show updates "sub 2013 No. 41 s 14" and the show cause/process additions (ss 21A-21D) were inserted in 2013 (s 21A ins 2013 No. 41 s 14). Section 24 and others were updated in 2013 (see s 24 amendment note).
2015 amendments. Several sections were inserted or amended by the Agriculture and Other Legislation Amendment Act 2015 ("amending Act"). New sections added in 2015 include 17A and 17B (conditions of pilot and aerial contractor licences) and transitional provisions in pt 8 (ss 49-53) to manage the shift to the updated aviation‑linked licensing approach (s 17A ins 2015 No. 15 s 10; pt 8 ins 2015 No. 15 s 17). Section 13 (effect of termination or suspension of pilot’s licence) was amended in 2015 (s 13 amd 2015 No. 15 s 7). Section 26 shows amendments up to 2015 (s 26 amd 2015 No. 15 s 14). The Act’s transitional provisions (pt 8) reflect 2015 changes and speak to holders of former pilot and aerial contractor licences and undecided applications (ss 50-53 ins 2015 No. 15 s 17).
2019 amendments. Section 21 and 16A show a 2019 amendment note referencing "2019 No. 26 s 290 sch 2", indicating the Medicines and Poisons Act 2019 interaction (s 21 ammended 2019 No. 26) and s 16A amended in 2019.
Historical amendments and repeals omitted. Some sections show an "om" entry (omitted) noting removal or repeal of earlier provisions; for example, s 9 was omitted (s 9 om 2013 No. 41 s 4) and other historical subsections were omitted by various amendments noted in the margins.
The inline notes in the supplied text provide these discrete amendment markers; they indicate a pattern of modernisation of the Act in the 1994, 2002, 2013 and 2015 legislative rounds, with an additional linkage to the Medicines and Poisons Act 2019 in 2019. The 2015 amending Act introduced the most substantive operational change visible in the text: stronger alignment of chemical distribution licences with civil aviation authorisations (ss 17A-17B) and transitional arrangements for existing licence holders (pt 8).
The Act’s schedule governs definitions (s 6 and the Dictionary note). Specific amendment entries attached to each section identify when that section was inserted, amended or omitted and by which numbered amending Act; those entries are the authoritative legislative amendment references contained in the provided text.
Litigation history
The provided Act text contains no case law, no judicial decisions, and no named litigation history. The statute itself does not cite or list any judicial interpretations, and there are no references to reported court decisions within the text supplied.
Given that the Act establishes administrative decision‑making and reviewable decisions (s 22 permits QCAT review), actual litigation or tribunal determinations affecting interpretation, reasonableness of licence conditions, the scope of inspector powers, the meaning of "appropriate person" in s 21(1)(d), or the assessment of "reasonable steps" under s 44 could exist externally. However, the supplied source does not include those materials. Users wanting litigation history should consult tribunal and court databases or legal research services for QCAT or higher court decisions interpreting these particular sections (for example, s 34 powers, s 26 record offences, s 44 executive officer liability, or the scope of s 17C penalties).
In the absence of cases in the statutory text, the Act’s internal procedural provisions indicate likely litigation focal points: judicial review of administrative decisions or QCAT determinations (s 22), prosecutions and defences under the record‑keeping and obstruction offences (ss 26, 27, 40), and challenges over the application of s 44 reasonable steps in executive officer prosecutions. The Act provides for certificates of analysts and the standards officer to be admissible and conclusive if unrebutted (s 45), which could be a litigation flashpoint in evidentiary disputes.
Because the supplied text contains no litigation examples, this section records only that the Act itself does not supply litigation history and flags the specific provisions that are most likely to have been litigated in practice.
Gotchas
The Act contains several practical traps and technical mechanics that can catch operators, employers, and corporate officers unaware if they rely on surface readings.
Licence dependency on external authorisations. Pilot chemical rating licences and aerial distribution contractor licences are explicitly contingent on holding specified civil aviation authorisations (ss 12(3)-(4), 15(3)-(4), 17A(1)(a), 17B(1)(a)). Section 13 makes the contingency automatic: if the underlying civil aviation authorisation expires, is cancelled or suspended, the pilot chemical rating licence ceases to be in force immediately by virtue of that cesser. Operators must therefore synchronise aviation authorisation renewal and chemical licences. The Act’s transitional provisions (pt 8) preserve some pre‑existing authorisations but only insofar as specified (ss 50-53).
Licence conditions can be imposed after issue. The chief executive may impose "any reasonable conditions" on licences when issued, on renewal, and later if a risk arises (ss 17A(2), 17B(2)). Those post‑issue conditions are not constrained in subject matter beyond being "reasonable" and for "proper control", and the licensee receives an information notice when such a condition is imposed. Licensees face a substantial penalty (100 penalty units) for contravening licence conditions (s 17C).
Suspension acts like cancellation in some ways. Suspension of a licence has the same effect as cancellation during the suspension (s 23(1)) and prohibits issuing any licence under the Act to the suspended person during suspension (s 23(2)). Also, suspension does not extend the licence period after it ends (s 23(3)). Temporary administrative suspensions (standards officer up to one month under s 20) can have material business effects.
Record obligations are detailed and potentially operationally burdensome. The statutory list in s 26 includes granular points like wind velocity, direction and changes during a distribution and detailed chemical data (active constituent, diluents/adjuvants). The list is long and may require contemporaneous recording systems, GPS‑grade location capture for "description or exact location", and calibrated measurement of applied quantities and concentrations. Disallowed omissions and falsifications attract severe penalties including potential imprisonment (s 26(3)).
Broad inspector powers with limitations. Inspectors can enter and search places where they reasonably believe equipment or distributions occur (s 34). However, they cannot enter dwellings or residential parts without occupier permission unless they obtain a warrant (s 34(3)-(4)). The Act protects against compelled self‑incrimination but permits questioning and signatures of declarations unless answers would incriminate (s 34(2)). Operators must balance cooperation with protection of legal rights.
Executive officer liability is fact‑specific. Section 44 imposes liability on executive officers if the corporation contravenes s 26(3) and the officer did not take all reasonable steps to prevent the offence. The Act directs courts to consider whether the officer knew or ought reasonably to have known and whether the officer could influence corporate conduct (s 44(2)). That statutory test brings corporate governance into immediate compliance focus but is factually demanding to satisfy or rebut.
Regulatory overlay. The Governor in Council may make regulations on many technical matters including droplet size, cleansing, testing, and hazardous areas and may impose penalties up to 35 penalty units (s 48). This means the Act’s operational footprint depends heavily on subordinate legislation; compliance requires checking current regulations and any hazardous area declarations (s 28) that may restrict operations or require permits.
Limits on defences for ground operators. The defence in s 39(3) for ground operators using equipment on their own land or specified related land is narrowly phrased with conditions about the nature of employment or permission for adjoining State land. Commercial operators contracting out services cannot rely on that defence.
Timing traps for renewals and continuing operation. A renewal application must be made within 60 days before expiry (s 19). However, s 19A provides that if an application is made, the licence continues in force until the renewal is decided, withdrawn or refused unless earlier suspended or cancelled. Failure to apply in time leads to expiry; operators must therefore maintain administrative discipline.
Penalty scale differences. The Act contains varying penalty scales: e.g. s 17C allows up to 100 penalty units, s 29 up to 100 units or 6 months’ imprisonment, s 26(3) allows up to 5 years’ imprisonment on indictment for record falsification, while regulations can prescribe up to 35 penalty units (s 48). Operators must note which obligations carry which maximum sanctions.
Public register and information. The standards officer must keep a public register of licensees and prescribed particulars (s 24), which has reputational and procurement implications for contractors; the Act makes licence particulars publicly accessible.
These "gotchas" arise from the Act’s combination of cross‑referenced authorisations, tight record obligations, broad inspector powers, and the potential for post‑issue licence conditions and executive officer exposure. The Act’s delegated legislation power means the on‑the‑ground operational rules may change by regulation and by hazardous‑area declarations, so a static reading of the Act alone is insufficient for operational compliance.
How to comply
Compliance under this Act requires a combination of licensing, record systems, aviation authorisation alignment, equipment maintenance, personnel training and procedural readiness for inspections and show‑cause processes. The following is an operational checklist tied to the statute.
Licensing and authorisations
Confirm which licences your activity requires: pilot chemical rating licence (s 12) for pilots or UAV controllers, aerial distribution contractor licence (s 15) if you operate or contract aerial spraying, and commercial operator’s licence (s 16) for ground operators. If using UAVs for hire/reward, ensure the civil aviation authorisation authorises hire/reward operations (s 15(4), 17B(1)(a)).
Maintain the required civil aviation authorisation or AOC concurrently with the chemical licence. If the aviation authorisation expires or is suspended/cancelled, the pilot chemical rating licence will also cease (s 13). Consider aligning renewal calendars to avoid unintended cesser.
Apply for licences in the approved form with the prescribed fee (s 17(1)). Provide any further relevant information requested promptly (s 17(2)) and ensure applicants are aged 17 or over for pilot or commercial operator licences (s 17(5)).
Licence conditions and management
Expect and manage for the possibility of additional conditions imposed by the chief executive for "proper control" of aerial distribution (ss 17A(1)(b), 17B(1)(b)). Implement compliance checks and audit trails to demonstrate adherence to any conditions.
Monitor for information notices from the chief executive about the imposition of conditions or refusal decisions; these notices are statutory and are followed by review entitlements (ss 17(4), 21D, 22).
Record‑keeping system
Implement a contemporaneous record system that captures all particulars required by s 26(1): pilot/operator identity and aircraft registration, client name/address, chemical identification (including distinguishing numbers), manufacturer, active constituent amount, diluent/adjuvant descriptions, exact location of land treated (including distances/directions to nearest town), date/time, estimated wind velocity/direction and any changes, quantity and concentration and total volume applied, total area covered, crop type and purpose, and any other prescribed particulars.
Retain records for at least two years and ensure they are accessible for immediate inspection by an inspector within that period (ss 26(1), 27(1)-(3)). Develop digital timestamping and GPS capture to substantiate location and timing particulars.
Protect the integrity of records. Any intention to alter or falsify entries exposes the business to severe penalties including potential imprisonment (s 26(3)). Keep robust internal controls, versioning and audit logs.
Responding to inspectors and requests
Ensure staff carry identification and are trained to request inspector identity cards if inspectors do not initially produce them (ss 7B-7C). Inspectors must either produce their card or have it displayed.
On receipt of a written request from the standards officer for records, comply within the period and manner specified (s 26(2)). For on‑site inspector requests, produce records immediately unless a reasonable excuse exists (s 27(3)).
Prepare procedures for voluntary cooperation without waiving legal protections against self‑incrimination. Train staff on what they may be required to answer and when legal advice should be sought (s 34(2)).
Equipment maintenance and safety
Establish preventive maintenance protocols for aerial and ground equipment. If an inspector issues a written notice under s 36 requiring repair, cessation of use or prohibiting disposal until compliance, comply promptly to avoid a penalty up to 20 penalty units (s 36(3)).
Maintain cleansing procedures for aircraft and ground equipment as prescribed by regulations, once those regulations are in force (s 48(2)(c)).
Hazardous area and drift management
Check for any hazardous area declarations and comply with the prescribed conditions; the chief executive must publish a notice in a local newspaper for any declaration (s 28). Operating contrary to hazardous area conditions is an offence with up to 100 penalty units or imprisonment for 6 months (s 29).
Implement operational limits and drift mitigation strategies mindful that loss or damage includes drift from agricultural chemicals (s 6B).
Personnel, training and corporate governance
Train pilots/UAV controllers and ground operators in applicable regulations, licence conditions and record procedures. Ensure licences for controllers are kept current and meet civil aviation authorisation requirements (s 12).
For corporations, ensure executive officers have oversight, reporting lines and compliance systems that demonstrate "all reasonable steps" have been taken to prevent record offences under s 26(3) to mitigate s 44 liability. Document preventive steps, training, audits and responses to incidents.
Administrative processes and dispute readiness
File renewal applications within the 60‑day window prior to expiry (s 19(1)) and note that a pending renewal keeps the licence in force until disposed of, unless suspended or cancelled (s 19A).
If you receive a show cause notice (s 21A), prepare written representations within the 21‑day minimum show cause period and ensure the representations address the facts and grounds specified (ss 21A-21B). Retain records of communications for any potential QCAT review (s 22).
Regulatory monitoring
Regularly review the subordinate regulations made under s 48 for technical requirements (droplet size, equipment types), fee changes, and any new offences or hazardous area rules that may materially change operational obligations or penalties.
Check the public register maintained by the standards officer (s 24) for any inaccuracies and ensure licence particulars are current.
Evidence readiness and sample handling
Understand that analyst certificates are prima facie evidence unless rebutted (s 45). Maintain chain of custody for any samples you provide and keep copies of analyses for defence or compliance purposes.
Following this checklist aligns operational practice with the principal statutory requirements and prepares operators for inspections, regulatory updates and administrative processes under the Act.
The dictionary in the schedule defines particular words used in this Act.
s 6 Note—prev s 6 contained definitions for this Act. Definitions are now
located in the schedule—Dictionary.
prev s 6 amd 1968 No. 38 s 2 (b) ; 1978 No. 68 s 2 ; 1994 No. 78 s 37 sch ; 2002 No. 76 s 4
sec.6A Words and expressions used in Agvet Code and this Act
sec.6A Words and expressions used in Agvet Code and this Act
Words and expressions used in the Agvet Code and this Act have the same meanings in this Act as they have in the Agvet Code.
Words and expressions mentioned in subsection (1) that are expressly defined in section 3 of the Agvet Code are also signposted in the dictionary.
s 6A ins 1994 No. 78 s 37 sch
amd 2002 No. 76 s 5
(sec.6A-ssec.1) Words and expressions used in the Agvet Code and this Act have the same meanings in this Act as they have in the Agvet Code.
(sec.6A-ssec.2) Words and expressions mentioned in subsection (1) that are expressly defined in section 3 of the Agvet Code are also signposted in the dictionary.
sec.6B Reference to loss or damage
sec.6B Reference to loss or damage
A reference in this Act to loss or damage caused by aerial or ground distribution, or by the distribution of agricultural chemicals by aerial or ground distribution, includes loss or damage caused by the drift of any agricultural chemical used in the distribution.
s 6B ins 1994 No. 78 s 37 sch
pt.2 Administration
Administration
sec.7 Appointment of inspectors and analysts
sec.7 Appointment of inspectors and analysts
The chief executive may appoint a person to be an inspector or analyst.
The chief executive may appoint a person as an inspector or analyst only if the chief executive is satisfied the person has the necessary expertise or experience.
In this section—
inspector does not include the standards officer or a deputy standards officer.
s 7 sub 1994 No. 78 s 37 sch
amd 1996 No. 13 s 4
(sec.7-ssec.1) The chief executive may appoint a person to be an inspector or analyst.
(sec.7-ssec.2) The chief executive may appoint a person as an inspector or analyst only if the chief executive is satisfied the person has the necessary expertise or experience.
(sec.7-ssec.3) In this section— inspector does not include the standards officer or a deputy standards officer.
sec.7A Limitation of inspector’s powers
sec.7A Limitation of inspector’s powers
The powers of an inspector may be limited—
under a regulation; or
under a condition of appointment; or
by written notice of the chief executive given to the inspector.
s 7A ins 1983 No. 1 s 5
sub 1994 No. 78 s 37 sch
(a) under a regulation; or
(b) under a condition of appointment; or
(c) by written notice of the chief executive given to the inspector.
sec.7B Inspector’s identity card
sec.7B Inspector’s identity card
The chief executive must give each inspector an identity card.
The identity card must—
contain a recent photograph of the inspector; and
be signed by the inspector; and
identify the person as an inspector under this Act.
A person who ceases to be an inspector must return the person’s identity card to the chief executive as soon as practicable (but within 21 days) after the person ceases to be an inspector, unless the person has a reasonable excuse for not returning it.
Maximum penalty—10 penalty units.
This section does not prevent the giving of a single identity card to a person under this Act and for other Acts or purposes.
s 7B ins 1994 No. 78 s 37 sch
(sec.7B-ssec.1) The chief executive must give each inspector an identity card.
(sec.7B-ssec.2) The identity card must— contain a recent photograph of the inspector; and be signed by the inspector; and identify the person as an inspector under this Act.
(sec.7B-ssec.3) A person who ceases to be an inspector must return the person’s identity card to the chief executive as soon as practicable (but within 21 days) after the person ceases to be an inspector, unless the person has a reasonable excuse for not returning it. Maximum penalty—10 penalty units.
(sec.7B-ssec.4) This section does not prevent the giving of a single identity card to a person under this Act and for other Acts or purposes.
(a) contain a recent photograph of the inspector; and
(b) be signed by the inspector; and
(c) identify the person as an inspector under this Act.
sec.7C Production or display of inspector’s identity card
sec.7C Production or display of inspector’s identity card
An inspector may exercise a power under this Act in relation to someone else only if the inspector—
first produces his or her identity card for the person’s inspection; or
has the identity card displayed so it is clearly visible to the person.
However, if for any reason it is not practicable to comply with subsection (1) , the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity.
s 7C ins 1994 No. 78 s 37 sch
(sec.7C-ssec.1) An inspector may exercise a power under this Act in relation to someone else only if the inspector— first produces his or her identity card for the person’s inspection; or has the identity card displayed so it is clearly visible to the person.
(sec.7C-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) , the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity.
(a) first produces his or her identity card for the person’s inspection; or
(b) has the identity card displayed so it is clearly visible to the person.
sec.8 Delegations by chief executive
sec.8 Delegations by chief executive
The chief executive may delegate the chief executive’s powers under this Act to the standards officer.
s 8 sub 1994 No. 78 s 37 sch
(8)–(9) exp 15 June 1995 (see s 8(9))
sub 2013 No. 41 s 4
Section sec.9
s 9 sub 1994 No. 78 s 37 sch
om 2013 No. 41 s 4
Section sec.9A
s 9A ins 1994 No. 78 s 37 sch
om 2013 No. 41 s 4
Section sec.9B
s 9B ins 1994 No. 78 s 37 sch
om 2013 No. 41 s 4
Section sec.9C
s 9C ins 1994 No. 78 s 37 sch
om 2013 No. 41 s 4
Section sec.10
s 10 amd 1983 No. 1 s 6
om 2013 No. 41 s 4
Section sec.10A
s 10A ins 1983 No. 1 s 7
om 2013 No. 41 s 4
Section sec.10B
s 10B ins 1983 No. 1 s 7
sub 1994 No. 78 s 37 sch
om 2013 No. 41 s 4
Section sec.11
s 11 om 1994 No. 78 s 37 sch
pt.3 Aerial distribution
Aerial distribution
sec.12 Pilot chemical rating licence
sec.12 Pilot chemical rating licence
Subject to this Act, the chief executive may grant pilot chemical rating licences.
A person may apply under section 17 for a pilot chemical rating licence if the person gives the chief executive evidence that the person holds—
if the person intends to pilot a manned aircraft under the licence—the authorisation mentioned in subsection (3) ; and
if the person intends to use an unmanned aircraft other than a balloon or a kite (a UAV ) under the licence—the authorisation mentioned in subsection (4) ; and
the qualification prescribed by regulation.
For subsection (2) (a) , the authorisation is a civil aviation authorisation under which the person may pilot (as pilot in command) the manned aircraft the person intends to use under the licence to carry out aerial distribution in the circumstances the person intends to carry out the aerial distribution.
aerial distribution to be conducted as a commercial operation
application of agricultural chemicals to crops to control pests
application of agricultural chemicals for mosquito control
For subsection (2) (b) , the authorisation is a civil aviation authorisation under which the person may act as the controller of the UAV the person intends to use under the licence to carry out aerial distribution in the circumstances the person intends to carry out the aerial distribution.
s 12 amd 1994 No. 78 s 37 sch ; 2002 No. 76 s 33 sch 2 ; 2013 No. 41 s 5 ; 2015 No. 15 s 6
(sec.12-ssec.1) Subject to this Act, the chief executive may grant pilot chemical rating licences.
(sec.12-ssec.2) A person may apply under section 17 for a pilot chemical rating licence if the person gives the chief executive evidence that the person holds— if the person intends to pilot a manned aircraft under the licence—the authorisation mentioned in subsection (3) ; and if the person intends to use an unmanned aircraft other than a balloon or a kite (a UAV ) under the licence—the authorisation mentioned in subsection (4) ; and the qualification prescribed by regulation.
(sec.12-ssec.3) For subsection (2) (a) , the authorisation is a civil aviation authorisation under which the person may pilot (as pilot in command) the manned aircraft the person intends to use under the licence to carry out aerial distribution in the circumstances the person intends to carry out the aerial distribution. aerial distribution to be conducted as a commercial operation application of agricultural chemicals to crops to control pests application of agricultural chemicals for mosquito control
(sec.12-ssec.4) For subsection (2) (b) , the authorisation is a civil aviation authorisation under which the person may act as the controller of the UAV the person intends to use under the licence to carry out aerial distribution in the circumstances the person intends to carry out the aerial distribution.
(a) if the person intends to pilot a manned aircraft under the licence—the authorisation mentioned in subsection (3) ; and
(b) if the person intends to use an unmanned aircraft other than a balloon or a kite (a UAV ) under the licence—the authorisation mentioned in subsection (4) ; and
(c) the qualification prescribed by regulation.
• aerial distribution to be conducted as a commercial operation
• application of agricultural chemicals to crops to control pests
• application of agricultural chemicals for mosquito control
sec.13 Effect of termination or suspension of pilot’s licence
sec.13 Effect of termination or suspension of pilot’s licence
If by reason of expiration, cancellation or suspension a civil aviation authorisation mentioned in section 12 (3) or (4) of a person who holds a pilot chemical rating licence ceases to be in force then, on and from the date of such cesser and by virtue thereof, that chemical rating licence shall also cease to be in force.
However, in the case of such cesser by suspension if the suspended licence is revived upon or by termination of the suspension the pilot chemical rating licence shall also be revived unless it has been sooner cancelled or further suspended.
s 13 amd 2015 No. 15 s 7
(sec.13-ssec.1) If by reason of expiration, cancellation or suspension a civil aviation authorisation mentioned in section 12 (3) or (4) of a person who holds a pilot chemical rating licence ceases to be in force then, on and from the date of such cesser and by virtue thereof, that chemical rating licence shall also cease to be in force.
(sec.13-ssec.2) However, in the case of such cesser by suspension if the suspended licence is revived upon or by termination of the suspension the pilot chemical rating licence shall also be revived unless it has been sooner cancelled or further suspended.
sec.14 Certificate issued in another State
sec.14 Certificate issued in another State
For the purposes of the provisions of this Act relating to aerial distribution a certificate or licence issued under a law of any other State or Territory—
which corresponds to a pilot chemical rating licence issued under this Act; and
which is in force at any material time in the State or Territory in which it was issued;
shall be equivalent in Queensland to a pilot chemical rating licence issued under this Act and shall have force and effect accordingly.
The provisions of sections 20 to 23 apply with respect to the operation in Queensland of a certificate or licence referred to in subsection (1) as if it were a pilot chemical rating licence issued under this Act and its operation in Queensland may be cancelled or suspended accordingly.
s 14 amd 1983 No. 1 s 8
(sec.14-ssec.1) For the purposes of the provisions of this Act relating to aerial distribution a certificate or licence issued under a law of any other State or Territory— which corresponds to a pilot chemical rating licence issued under this Act; and which is in force at any material time in the State or Territory in which it was issued; shall be equivalent in Queensland to a pilot chemical rating licence issued under this Act and shall have force and effect accordingly.
(sec.14-ssec.3) The provisions of sections 20 to 23 apply with respect to the operation in Queensland of a certificate or licence referred to in subsection (1) as if it were a pilot chemical
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