sec.14Recall of chemicals etc.

sec.14 Recall of chemicals etc.

The chief executive may, where the chief executive is of the opinion that it is in the public interest to do so having regard to the harm that may be caused to any property, any human or animal life, the environment or the State’s trade with any other State or a Territory or another country by the use of a chemical or prescribed substance, give notice in writing to the primary dealer of the chemical or manufacturer or producer of the prescribed substance directing him or her, within the time specified in the notice, to take the steps and do the acts and things specified in the notice to recall the chemical or prescribed substance from other persons having it in their possession. A notice given under subsection (1) may direct the person to whom it is given to destroy, denature or otherwise deal with any of the chemical or prescribed substance in or coming into the possession of the person, within the time and in the manner specified in the notice. A person must not contravene a notice under subsection (1) , unless the person has a reasonable excuse for the contravention. Maximum penalty—100 penalty units. This subsection is a deemed executive liability provision—see section 31 . In this section— prescribed substance means— any agricultural produce, manufactured stock food or fertiliser in or on which is the residue of a chemical; or any substance in or on which is the residue of a chemical which substance is used in connection with any agricultural produce, manufactured stock food or fertiliser. s 14 amd 1994 No. 78 s 37 sch ; 2015 No. 15 s 69 (sec.14-ssec.1) The chief executive may, where the chief executive is of the opinion that it is in the public interest to do so having regard to the harm that may be caused to any property, any human or animal life, the environment or the State’s trade with any other State or a Territory or another country by the use of a chemical or prescribed substance, give notice in writing to the primary dealer of the chemical or manufacturer or producer of the prescribed substance directing him or her, within the time specified in the notice, to take the steps and do the acts and things specified in the notice to recall the chemical or prescribed substance from other persons having it in their possession. (sec.14-ssec.2) A notice given under subsection (1) may direct the person to whom it is given to destroy, denature or otherwise deal with any of the chemical or prescribed substance in or coming into the possession of the person, within the time and in the manner specified in the notice. (sec.14-ssec.3) A person must not contravene a notice under subsection (1) , unless the person has a reasonable excuse for the contravention. Maximum penalty—100 penalty units. This subsection is a deemed executive liability provision—see section 31 . (sec.14-ssec.4) In this section— prescribed substance means— any agricultural produce, manufactured stock food or fertiliser in or on which is the residue of a chemical; or any substance in or on which is the residue of a chemical which substance is used in connection with any agricultural produce, manufactured stock food or fertiliser.