sec.26Records 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 .