sec.12EUse of unregistered veterinary chemical products

sec.12E Use of unregistered veterinary chemical products

A veterinary surgeon must not use, or prescribe, supply or recommend an unregistered veterinary chemical product for use to treat an animal. Maximum penalty for subsection (1) —600 penalty units. Subsection (1) does not apply if the product is used, or prescribed, supplied or recommended for use in a way authorised by a permit or prescribed under a regulation. It is a defence to a prosecution for an offence against subsection (1) to prove the product was used, or prescribed, supplied or recommended for use in a way authorised under section 12F or 12G . A person, other than a veterinary surgeon, must not use an unregistered veterinary chemical product to treat an animal. Maximum penalty for subsection (4) —600 penalty units. This subsection is an executive liability provision—see section 30A . Subsection (4) does not apply if the product is used in a way authorised by a permit or prescribed under a regulation. It is a defence to a prosecution for an offence against subsection (4) to prove the product was used in a way authorised under section 12H . It is also a defence to a prosecution for an offence against subsection (1) or (4) to prove— the product was a registered veterinary chemical product at some time in the 2 years immediately before its use by the defendant; and the product’s registration ended under section 47 (2) or (3) of the Agvet Code ; and the defendant’s use of the product did not contravene an instruction that appeared on the approved label for containers for the product immediately before the product’s registration ended; and the label was attached to the product’s container immediately before the product was taken from the container. This section is an eligible law for the definition ‘permit’ under section 109 of the Agvet Code . s 12E ins 2002 No. 76 s 26 amd 2015 No. 15 s 63 (sec.12E-ssec.1) A veterinary surgeon must not use, or prescribe, supply or recommend an unregistered veterinary chemical product for use to treat an animal. Maximum penalty for subsection (1) —600 penalty units. (sec.12E-ssec.2) Subsection (1) does not apply if the product is used, or prescribed, supplied or recommended for use in a way authorised by a permit or prescribed under a regulation. (sec.12E-ssec.3) It is a defence to a prosecution for an offence against subsection (1) to prove the product was used, or prescribed, supplied or recommended for use in a way authorised under section 12F or 12G . (sec.12E-ssec.4) A person, other than a veterinary surgeon, must not use an unregistered veterinary chemical product to treat an animal. Maximum penalty for subsection (4) —600 penalty units. This subsection is an executive liability provision—see section 30A . (sec.12E-ssec.5) Subsection (4) does not apply if the product is used in a way authorised by a permit or prescribed under a regulation. (sec.12E-ssec.6) It is a defence to a prosecution for an offence against subsection (4) to prove the product was used in a way authorised under section 12H . (sec.12E-ssec.7) It is also a defence to a prosecution for an offence against subsection (1) or (4) to prove— the product was a registered veterinary chemical product at some time in the 2 years immediately before its use by the defendant; and the product’s registration ended under section 47 (2) or (3) of the Agvet Code ; and the defendant’s use of the product did not contravene an instruction that appeared on the approved label for containers for the product immediately before the product’s registration ended; and the label was attached to the product’s container immediately before the product was taken from the container. (sec.12E-ssec.8) This section is an eligible law for the definition ‘permit’ under section 109 of the Agvet Code .