Agricultural Chemicals Distribution Control Act 1966
sec.36Faulty or defective equipment
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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.