sec.13AUse of unregistered agricultural chemical products

sec.13A Use of unregistered agricultural chemical products

A person must not use an agricultural chemical product unless it is a registered agricultural chemical product. Maximum penalty for subsection (1) —600 penalty units. This subsection is an executive liability provision—see section 30A . Subsection (1) does not apply if— the product is used in a way authorised by a permit; or the product is prescribed for this subsection under a regulation. It is a defence to a prosecution for an offence against subsection (1) to prove— the product was a registered agricultural 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; and if the offence relates to the use of a prescribed agricultural ERA product for carrying out an agricultural ERA—the defendant’s use of the product complied with the prescribed agricultural ERA conditions for the product. This section is an eligible law for the definition ‘permit’ under section 109 of the Agvet Code . s 13A ins 2002 No. 76 s 26 amd 2009 No. 42 s 2C ; 2015 No. 15 s 67 (sec.13A-ssec.1) A person must not use an agricultural chemical product unless it is a registered agricultural chemical product. Maximum penalty for subsection (1) —600 penalty units. This subsection is an executive liability provision—see section 30A . (sec.13A-ssec.2) Subsection (1) does not apply if— the product is used in a way authorised by a permit; or the product is prescribed for this subsection under a regulation. (sec.13A-ssec.3) It is a defence to a prosecution for an offence against subsection (1) to prove— the product was a registered agricultural 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; and if the offence relates to the use of a prescribed agricultural ERA product for carrying out an agricultural ERA—the defendant’s use of the product complied with the prescribed agricultural ERA conditions for the product. (sec.13A-ssec.4) This section is an eligible law for the definition ‘permit’ under section 109 of the Agvet Code .

• (a) the product is used in a way authorised by a permit; or
• (b) the product is prescribed for this subsection under a regulation.
• (a) the product was a registered agricultural chemical product at some time in the 2 years immediately before its use by the defendant; and
• (b) the product’s registration ended under section 47 (2) or (3) of the Agvet Code ; and
• (c) 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
• (d) the label was attached to the product’s container immediately before the product was taken from the container; and
• (e) if the offence relates to the use of a prescribed agricultural ERA product for carrying out an agricultural ERA—the defendant’s use of the product complied with the prescribed agricultural ERA conditions for the product.