Introduction

Preliminary

sec.1 Short title

This regulation may be cited as the Medicines and Poisons (Pest Management Activities) Regulation 2021 .

sec.2 Commencement

This regulation commences on 27 September 2021.

sec.3 Dictionary

The dictionary in schedule 3 defines particular words used in this regulation.

sec.4 Application of regulation

This regulation applies in relation to a regulated activity that is— a pest management activity; or asking or directing another person to carry out a pest management activity. See also the Medicines and Poisons (Poisons and Prohibited Substances) Regulation 2021 in relation to dealings with poisons and prohibited substances (including fumigants and pesticides). (sec.4-ssec) This regulation applies in relation to a regulated activity that is— a pest management activity; or asking or directing another person to carry out a pest management activity. See also the Medicines and Poisons (Poisons and Prohibited Substances) Regulation 2021 in relation to dealings with poisons and prohibited substances (including fumigants and pesticides).

• (a) a pest management activity; or
• (b) asking or directing another person to carry out a pest management activity.

Fumigants and pests

sec.5 Fumigants— Act , s 14

For section 14 (3) of the Act , each of the following substances, and a combination of any of the substances, is prescribed to be a fumigant when prepared or used for an activity of a type mentioned in section 19 (2) of the Act — ozone; carbon dioxide; nitrogen. s 5 amd 2023 SL No. 163 s 4

• (a) ozone;
• (b) carbon dioxide;
• (c) nitrogen.

sec.6 Pests— Act , sch 1

A plant parasitic nematode is prescribed to be a pest for schedule 1 of the Act , definition pest , item 2. An invasive animal is prescribed not to be a pest for schedule 1 of the Act , definition pest , item 3. In this section— invasive animal see the Medicines and Poisons (Poisons and Prohibited Substances) Regulation 2021 , schedule 7 . (sec.6-ssec.1) A plant parasitic nematode is prescribed to be a pest for schedule 1 of the Act , definition pest , item 2. (sec.6-ssec.2) An invasive animal is prescribed not to be a pest for schedule 1 of the Act , definition pest , item 3. (sec.6-ssec.3) In this section— invasive animal see the Medicines and Poisons (Poisons and Prohibited Substances) Regulation 2021 , schedule 7 .

Authorisations and approval of departmental standard

sec.7 Approved persons— Act , s 54

For section 54 (1) of the Act , a class of persons stated in schedule 1 is prescribed for the pest management activity with the fumigant or pesticide stated in the table in the schedule for the class of persons to the extent the activity is carried out by a person acting— as a member of the class of persons; and within the scope for the activity, if any. An authorised person appointed under the Public Health Act 2005 is prescribed for a pest control activity with a pesticide stated in the table in schedule 1 , section 21 to the extent the person is acting as an authorised person under that Act and within the scope stated for the activity in column 3 of the table. In this section— scope , for a pest management activity, means a circumstance, purpose or other matter stated in a table in schedule 1 for the activity. (sec.7-ssec.1) For section 54 (1) of the Act , a class of persons stated in schedule 1 is prescribed for the pest management activity with the fumigant or pesticide stated in the table in the schedule for the class of persons to the extent the activity is carried out by a person acting— as a member of the class of persons; and within the scope for the activity, if any. An authorised person appointed under the Public Health Act 2005 is prescribed for a pest control activity with a pesticide stated in the table in schedule 1 , section 21 to the extent the person is acting as an authorised person under that Act and within the scope stated for the activity in column 3 of the table. (sec.7-ssec.2) In this section— scope , for a pest management activity, means a circumstance, purpose or other matter stated in a table in schedule 1 for the activity.

• (a) as a member of the class of persons; and
• (b) within the scope for the activity, if any.

sec.8 Approval of departmental standard— Act , s 233

For section 233 (4) of the Act , the departmental standard called ‘Competency requirements for licensed technicians undertaking pest management activities with pesticides and fumigants’, version 2 is approved. s 8 amd 2023 SL No. 163 s 5

Standard conditions for pest management licences

Preliminary

sec.9 Application of part— Act , s 70

For section 70 (1) (a) of the Act , this part prescribes standard conditions applying in relation to pest management licences.

General competency condition

sec.10 Competency condition

A licensed technician must satisfy, and continue to satisfy, the competency requirements stated in the competency standard that relate to the pest management activities stated in the technician’s licence. For subsection (1) , a person satisfies a requirement to have a competency stated in the competency standard if the person— has a statement of attainment stating the person has successfully completed the competency; or has successfully completed training, approved by the chief executive, that is substantially equivalent to the competency. s 10 amd 2023 SL No. 163 s 6 (sec.10-ssec.1) A licensed technician must satisfy, and continue to satisfy, the competency requirements stated in the competency standard that relate to the pest management activities stated in the technician’s licence. (sec.10-ssec.2) For subsection (1) , a person satisfies a requirement to have a competency stated in the competency standard if the person— has a statement of attainment stating the person has successfully completed the competency; or has successfully completed training, approved by the chief executive, that is substantially equivalent to the competency.

• (a) has a statement of attainment stating the person has successfully completed the competency; or
• (b) has successfully completed training, approved by the chief executive, that is substantially equivalent to the competency.

Pest control activities

sec.11 Application of division

This division applies to a licensed technician who is authorised under the technician’s licence to carry out a pest control activity. s 11 amd 2023 SL No. 163 s 7

sec.12 Application of subdivision

This subdivision applies in relation to a pest control activity that involves controlling timber pests or urban pests carried out for a customer at any place.

sec.13 Giving pre-treatment pest control advice

Before starting a pest control activity at a place for a customer, a licensed technician must give the customer a notice (a pre-treatment pest control advice ) for the activity. The pre-treatment pest control advice may be given personally, by mail or electronically. (sec.13-ssec.1) Before starting a pest control activity at a place for a customer, a licensed technician must give the customer a notice (a pre-treatment pest control advice ) for the activity. (sec.13-ssec.2) The pre-treatment pest control advice may be given personally, by mail or electronically.

sec.14 Contents of pre-treatment pest control advice

A licensed technician must ensure a pre-treatment pest control advice for a pest control activity given by the technician under section 13 states the following information— the contact details of— if the technician is carrying out the activity for another person who is a business operator—the operator’s business; or otherwise—the technician; the date the technician gives the pre-treatment pest control advice to the customer; a statement that, under the Act , the technician must not use a pesticide for the activity unless the pesticide is a substance that is APVMA approved for use to carry out the activity; the precautions that should be taken by persons at the place to minimise exposure to any pesticide used for carrying out the activity; removing or protecting people or animals while the pest control activity is carried out cleaning items exposed to a pesticide before use a statement of any warranties applying in relation to the activity; a statement of any limitations applying in relation to the activity. In this section— APVMA approved , in relation to a use for a substance, see section 14 (4) of the Act . s 14 amd 2023 SL No. 163 s 8 (sec.14-ssec.1) A licensed technician must ensure a pre-treatment pest control advice for a pest control activity given by the technician under section 13 states the following information— the contact details of— if the technician is carrying out the activity for another person who is a business operator—the operator’s business; or otherwise—the technician; the date the technician gives the pre-treatment pest control advice to the customer; a statement that, under the Act , the technician must not use a pesticide for the activity unless the pesticide is a substance that is APVMA approved for use to carry out the activity; the precautions that should be taken by persons at the place to minimise exposure to any pesticide used for carrying out the activity; removing or protecting people or animals while the pest control activity is carried out cleaning items exposed to a pesticide before use a statement of any warranties applying in relation to the activity; a statement of any limitations applying in relation to the activity. (sec.14-ssec.2) In this section— APVMA approved , in relation to a use for a substance, see section 14 (4) of the Act .

• (a) the contact details of— (i) if the technician is carrying out the activity for another person who is a business operator—the operator’s business; or (ii) otherwise—the technician;
• (i) if the technician is carrying out the activity for another person who is a business operator—the operator’s business; or
• (ii) otherwise—the technician;
• (b) the date the technician gives the pre-treatment pest control advice to the customer;
• (c) a statement that, under the Act , the technician must not use a pesticide for the activity unless the pesticide is a substance that is APVMA approved for use to carry out the activity;
• (d) the precautions that should be taken by persons at the place to minimise exposure to any pesticide used for carrying out the activity; Examples of precautions for paragraph (d) — • removing or protecting people or animals while the pest control activity is carried out • cleaning items exposed to a pesticide before use
• • removing or protecting people or animals while the pest control activity is carried out
• • cleaning items exposed to a pesticide before use
• (e) a statement of any warranties applying in relation to the activity;
• (f) a statement of any limitations applying in relation to the activity.
• (i) if the technician is carrying out the activity for another person who is a business operator—the operator’s business; or
• (ii) otherwise—the technician;
• • removing or protecting people or animals while the pest control activity is carried out
• • cleaning items exposed to a pesticide before use

sec.15 Giving post-treatment pest control advice

A licensed technician must give a customer for a pest control activity carried out at a place another notice (a post-treatment pest control advice ) for the activity— if the place is occupied—prior to leaving the place after carrying out the activity; or if the place is not occupied—within 24 hours after leaving the place. The post-treatment pest control advice may be given personally, by mail or electronically. (sec.15-ssec.1) A licensed technician must give a customer for a pest control activity carried out at a place another notice (a post-treatment pest control advice ) for the activity— if the place is occupied—prior to leaving the place after carrying out the activity; or if the place is not occupied—within 24 hours after leaving the place. (sec.15-ssec.2) The post-treatment pest control advice may be given personally, by mail or electronically.

• (a) if the place is occupied—prior to leaving the place after carrying out the activity; or
• (b) if the place is not occupied—within 24 hours after leaving the place.

sec.16 Contents of post-treatment pest control advice

A licensed technician must ensure a post-treatment pest control advice for a pest control activity given by the technician under section 15 states the following information— the contact details of— if the technician is carrying out the activity for another person who is a business operator—the operator’s business; or otherwise—the technician; the technician’s licence number; for each pesticide used for the activity— the name by which the pesticide is marketed or sold; and the active constituent of the pesticide; the address of the place or details of the part of the place where the pesticide was used; when and for how long the activity was carried out. The post-treatment pest control advice must be dated and signed by the licensed technician. (sec.16-ssec.1) A licensed technician must ensure a post-treatment pest control advice for a pest control activity given by the technician under section 15 states the following information— the contact details of— if the technician is carrying out the activity for another person who is a business operator—the operator’s business; or otherwise—the technician; the technician’s licence number; for each pesticide used for the activity— the name by which the pesticide is marketed or sold; and the active constituent of the pesticide; the address of the place or details of the part of the place where the pesticide was used; when and for how long the activity was carried out. (sec.16-ssec.2) The post-treatment pest control advice must be dated and signed by the licensed technician.

• (a) the contact details of— (i) if the technician is carrying out the activity for another person who is a business operator—the operator’s business; or (ii) otherwise—the technician;
• (i) if the technician is carrying out the activity for another person who is a business operator—the operator’s business; or
• (ii) otherwise—the technician;
• (b) the technician’s licence number;
• (c) for each pesticide used for the activity— (i) the name by which the pesticide is marketed or sold; and (ii) the active constituent of the pesticide;
• (i) the name by which the pesticide is marketed or sold; and
• (ii) the active constituent of the pesticide;
• (d) the address of the place or details of the part of the place where the pesticide was used;
• (e) when and for how long the activity was carried out.
• (i) if the technician is carrying out the activity for another person who is a business operator—the operator’s business; or
• (ii) otherwise—the technician;
• (i) the name by which the pesticide is marketed or sold; and
• (ii) the active constituent of the pesticide;

sec.17 Application of subdivision

This subdivision applies in relation to a pest control activity that involves controlling urban pests carried out for a customer at a high-risk or sensitive place. This subdivision applies in addition to, and does not limit, subdivision 2 . (sec.17-ssec.1) This subdivision applies in relation to a pest control activity that involves controlling urban pests carried out for a customer at a high-risk or sensitive place. (sec.17-ssec.2) This subdivision applies in addition to, and does not limit, subdivision 2 .

sec.18 Activity risk management plan required

A licensed technician must not start carrying out a pest control activity for a customer at a high-risk or sensitive place unless a plan (an activity risk management plan ) has been prepared for carrying out, and addressing the risks associated with, the activity. The activity risk management plan must be prepared by a licensed technician who— has a statement of attainment stating the technician has successfully completed the competency required under the competency standard for treating urban pests at the type of place at which the pest control activity is to be carried out; or has successfully completed training, approved by the chief executive, that is substantially equivalent to the competency mentioned in paragraph (a) . s 18 sub 2023 SL No. 163 s 9 (sec.18-ssec.1) A licensed technician must not start carrying out a pest control activity for a customer at a high-risk or sensitive place unless a plan (an activity risk management plan ) has been prepared for carrying out, and addressing the risks associated with, the activity. (sec.18-ssec.2) The activity risk management plan must be prepared by a licensed technician who— has a statement of attainment stating the technician has successfully completed the competency required under the competency standard for treating urban pests at the type of place at which the pest control activity is to be carried out; or has successfully completed training, approved by the chief executive, that is substantially equivalent to the competency mentioned in paragraph (a) .

• (a) has a statement of attainment stating the technician has successfully completed the competency required under the competency standard for treating urban pests at the type of place at which the pest control activity is to be carried out; or
• (b) has successfully completed training, approved by the chief executive, that is substantially equivalent to the competency mentioned in paragraph (a) .

sec.19 Contents of activity risk management plan

An activity risk management plan for a pest control activity carried out for a customer at a high-risk or sensitive place must state the following information— the name and licence number of the licensed technician carrying out the activity; the contact details and licence number of the licensed technician preparing the plan (the preparer ), if that technician is not carrying out the activity; the contact details of the customer; the contact details of the person responsible for controlling access to the place, if that person is not the customer; any procedures to be followed to obtain access to the place; the day and time the activity is to be carried out; the address of the place; the details of the part of the place where the activity is to be carried out; the estimated amount of time for completing the activity; the type of pests to be controlled; the reason why the activity is to be carried out; the type and concentration of the pesticide to be used for the activity, including the name and active constituent; how the pesticide is to be used; any special considerations or precautions to be implemented due to the nature of the place; the hazards and risks associated with carrying out the activity; the measures to be implemented to control the stated hazards and risks; the roles and responsibilities of all persons involved in carrying out the activity. The activity risk management plan must also include— a statement by the preparer of the plan that the matters mentioned in this section have all been considered; and the signature of the preparer. s 19 amd 2023 SL No. 163 s 10 (sec.19-ssec.1) An activity risk management plan for a pest control activity carried out for a customer at a high-risk or sensitive place must state the following information— the name and licence number of the licensed technician carrying out the activity; the contact details and licence number of the licensed technician preparing the plan (the preparer ), if that technician is not carrying out the activity; the contact details of the customer; the contact details of the person responsible for controlling access to the place, if that person is not the customer; any procedures to be followed to obtain access to the place; the day and time the activity is to be carried out; the address of the place; the details of the part of the place where the activity is to be carried out; the estimated amount of time for completing the activity; the type of pests to be controlled; the reason why the activity is to be carried out; the type and concentration of the pesticide to be used for the activity, including the name and active constituent; how the pesticide is to be used; any special considerations or precautions to be implemented due to the nature of the place; the hazards and risks associated with carrying out the activity; the measures to be implemented to control the stated hazards and risks; the roles and responsibilities of all persons involved in carrying out the activity. (sec.19-ssec.2) The activity risk management plan must also include— a statement by the preparer of the plan that the matters mentioned in this section have all been considered; and the signature of the preparer.

• (a) the name and licence number of the licensed technician carrying out the activity;
• (b) the contact details and licence number of the licensed technician preparing the plan (the preparer ), if that technician is not carrying out the activity;
• (c) the contact details of the customer;
• (d) the contact details of the person responsible for controlling access to the place, if that person is not the customer;
• (e) any procedures to be followed to obtain access to the place;
• (f) the day and time the activity is to be carried out;
• (g) the address of the place;
• (h) the details of the part of the place where the activity is to be carried out;
• (i) the estimated amount of time for completing the activity;
• (j) the type of pests to be controlled;
• (k) the reason why the activity is to be carried out;
• (l) the type and concentration of the pesticide to be used for the activity, including the name and active constituent;
• (m) how the pesticide is to be used;
• (n) any special considerations or precautions to be implemented due to the nature of the place;
• (o) the hazards and risks associated with carrying out the activity;
• (p) the measures to be implemented to control the stated hazards and risks;
• (q) the roles and responsibilities of all persons involved in carrying out the activity.
• (a) a statement by the preparer of the plan that the matters mentioned in this section have all been considered; and
• (b) the signature of the preparer.

sec.20 Compliance with activity risk management plan

A licensed technician must carry out a pest control activity at a high-risk or sensitive place in accordance with an activity risk management plan for the activity, to the extent reasonably practicable.

sec.20A Supervision required for carrying out activity

A licensed technician must not carry out a pest control activity for a customer at a high-risk or sensitive place unless the licensed technician has, or is supervised by a licensed technician who has— a statement of attainment stating the technician has successfully completed the competency required under the competency standard for treating urban pests at the type of place at which the pest control activity is to be carried out; or successfully completed training, approved by the chief executive, that is substantially equivalent to the competency mentioned in paragraph (a) . s 20A ins 2023 SL No. 163 s 11

• (a) a statement of attainment stating the technician has successfully completed the competency required under the competency standard for treating urban pests at the type of place at which the pest control activity is to be carried out; or
• (b) successfully completed training, approved by the chief executive, that is substantially equivalent to the competency mentioned in paragraph (a) .

Fumigation activities

sec.21 Application of division

This division applies to a licensed technician who is authorised under the technician’s licence to carry out a fumigation activity. s 21 amd 2023 SL No. 163 s 12

sec.22 Compliance with Commonwealth law

This section applies if a licensed technician carries out a fumigation activity under a law of the Commonwealth. See, for example, the Biosecurity Act 2015 (Cwlth) in relation to requirements for importers or exporters to carry out fumigation activities. The licensed technician is taken to comply with a requirement in a condition in this division in relation to giving a notice or certificate if the technician has complied with the same or a substantially similar requirement for the fumigation activity carried out under the law of the Commonwealth. (sec.22-ssec.1) This section applies if a licensed technician carries out a fumigation activity under a law of the Commonwealth. See, for example, the Biosecurity Act 2015 (Cwlth) in relation to requirements for importers or exporters to carry out fumigation activities. (sec.22-ssec.2) The licensed technician is taken to comply with a requirement in a condition in this division in relation to giving a notice or certificate if the technician has complied with the same or a substantially similar requirement for the fumigation activity carried out under the law of the Commonwealth.

sec.23 Activity risk management plan required

A licensed technician must not start carrying out a fumigation activity for a customer at a fumigation site unless a plan (an activity risk management plan ) for carrying out, and addressing the risks associated with, the activity has been prepared by the technician or another licensed technician authorised to carry out the fumigation activity. s 23 sub 2023 SL No. 163 s 13

sec.24 Contents of activity risk management plan

An activity risk management plan for a fumigation activity carried out for a customer at a fumigation site must state the following information— the name and licence number of the licensed technician carrying out the activity; the contact details and licence number of the licensed technician preparing the plan (the preparer ), if that technician is not carrying out the activity; the contact details of the customer; the contact details of the person responsible for controlling access to the site, if that person is not the customer; details about access to the site, including any procedures to be followed to obtain access; the day and time the activity is to be carried out; the address of the site; the details of the exposure area for the activity; details about the availability of water and power at the site; how the fumigant is to be introduced to the fumigation space for the activity; how the fumigation space is to be ventilated; the arrangements for securing or restricting access to the exposure area for the activity; the method to be used to establish that the exposure area is safe for entry; the estimated amount of time for completing the activity; the reason why the activity is to be carried out; the type of pests to be controlled; the type and concentration of the fumigant to be used for the activity, including the name and active constituent, and how the fumigant is to be used; any special considerations or precautions to be implemented due to the nature of the site; the hazards and risks associated with carrying out the activity and the measures to be implemented to control those hazards and risks; the roles and responsibilities of all persons involved in carrying out the activity; procedures for dealing with an emergency situation that may arise during the activity. The activity risk management plan must also include— a statement by the preparer of the plan that the matters mentioned in this section have all been considered; and the signature of the preparer. See section 31 for the requirement to comply with the activity risk management plan. s 24 amd 2023 SL No. 163 s 14 (sec.24-ssec.1) An activity risk management plan for a fumigation activity carried out for a customer at a fumigation site must state the following information— the name and licence number of the licensed technician carrying out the activity; the contact details and licence number of the licensed technician preparing the plan (the preparer ), if that technician is not carrying out the activity; the contact details of the customer; the contact details of the person responsible for controlling access to the site, if that person is not the customer; details about access to the site, including any procedures to be followed to obtain access; the day and time the activity is to be carried out; the address of the site; the details of the exposure area for the activity; details about the availability of water and power at the site; how the fumigant is to be introduced to the fumigation space for the activity; how the fumigation space is to be ventilated; the arrangements for securing or restricting access to the exposure area for the activity; the method to be used to establish that the exposure area is safe for entry; the estimated amount of time for completing the activity; the reason why the activity is to be carried out; the type of pests to be controlled; the type and concentration of the fumigant to be used for the activity, including the name and active constituent, and how the fumigant is to be used; any special considerations or precautions to be implemented due to the nature of the site; the hazards and risks associated with carrying out the activity and the measures to be implemented to control those hazards and risks; the roles and responsibilities of all persons involved in carrying out the activity; procedures for dealing with an emergency situation that may arise during the activity. (sec.24-ssec.2) The activity risk management plan must also include— a statement by the preparer of the plan that the matters mentioned in this section have all been considered; and the signature of the preparer. See section 31 for the requirement to comply with the activity risk management plan.

• (a) the name and licence number of the licensed technician carrying out the activity;
• (b) the contact details and licence number of the licensed technician preparing the plan (the preparer ), if that technician is not carrying out the activity;
• (c) the contact details of the customer;
• (d) the contact details of the person responsible for controlling access to the site, if that person is not the customer;
• (e) details about access to the site, including any procedures to be followed to obtain access;
• (f) the day and time the activity is to be carried out;
• (g) the address of the site;
• (h) the details of the exposure area for the activity;
• (i) details about the availability of water and power at the site;
• (j) how the fumigant is to be introduced to the fumigation space for the activity;
• (k) how the fumigation space is to be ventilated;
• (l) the arrangements for securing or restricting access to the exposure area for the activity;
• (m) the method to be used to establish that the exposure area is safe for entry;
• (n) the estimated amount of time for completing the activity;
• (o) the reason why the activity is to be carried out;
• (p) the type of pests to be controlled;
• (q) the type and concentration of the fumigant to be used for the activity, including the name and active constituent, and how the fumigant is to be used;
• (r) any special considerations or precautions to be implemented due to the nature of the site;
• (s) the hazards and risks associated with carrying out the activity and the measures to be implemented to control those hazards and risks;
• (t) the roles and responsibilities of all persons involved in carrying out the activity;
• (u) procedures for dealing with an emergency situation that may arise during the activity.
• (a) a statement by the preparer of the plan that the matters mentioned in this section have all been considered; and
• (b) the signature of the preparer. Note— See section 31 for the requirement to comply with the activity risk management plan.

sec.25 Giving fumigation notice

Before starting a fumigation activity for a customer at a fumigation site, a licensed technician must give a notice (a fumigation notice ) for the activity to either— the customer; or the owner or occupier of the site. The fumigation notice must be dated and signed by the licensed technician. Subsection (1) does not apply if the licensed technician is carrying out the fumigation activity at the fumigation site in the course of the technician’s employment by the owner or occupier of the site. The licensed technician must— if the technician is carrying out the fumigation activity for another person who is a business operator—give a copy of the fumigation notice to the operator; or otherwise—keep a copy of the fumigation notice. (sec.25-ssec.1) Before starting a fumigation activity for a customer at a fumigation site, a licensed technician must give a notice (a fumigation notice ) for the activity to either— the customer; or the owner or occupier of the site. (sec.25-ssec.2) The fumigation notice must be dated and signed by the licensed technician. (sec.25-ssec.3) Subsection (1) does not apply if the licensed technician is carrying out the fumigation activity at the fumigation site in the course of the technician’s employment by the owner or occupier of the site. (sec.25-ssec.4) The licensed technician must— if the technician is carrying out the fumigation activity for another person who is a business operator—give a copy of the fumigation notice to the operator; or otherwise—keep a copy of the fumigation notice.

• (a) the customer; or
• (b) the owner or occupier of the site.
• (a) if the technician is carrying out the fumigation activity for another person who is a business operator—give a copy of the fumigation notice to the operator; or
• (b) otherwise—keep a copy of the fumigation notice.

sec.26 Contents of fumigation notice

A licensed technician must ensure a fumigation notice for a fumigation activity given by the technician under section 25 states the following information— the contact details of— if the technician is carrying out the activity for another person who is a business operator—the operator’s business; or otherwise—the technician; the technician’s licence number; the fumigant to be used for the activity; the fumigation site and exposure area for the activity; the day and time the fumigant is to be introduced into the fumigation space for the activity; an estimate of the length of the exposure period for the activity; the precautions that should be taken by persons at the fumigation site to minimise exposure to the fumigant. removing or protecting people or animals while the fumigation activity is carried out cleaning items exposed to the fumigant before use

• (a) the contact details of— (i) if the technician is carrying out the activity for another person who is a business operator—the operator’s business; or (ii) otherwise—the technician;
• (i) if the technician is carrying out the activity for another person who is a business operator—the operator’s business; or
• (ii) otherwise—the technician;
• (b) the technician’s licence number;
• (c) the fumigant to be used for the activity;
• (d) the fumigation site and exposure area for the activity;
• (e) the day and time the fumigant is to be introduced into the fumigation space for the activity;
• (f) an estimate of the length of the exposure period for the activity;
• (g) the precautions that should be taken by persons at the fumigation site to minimise exposure to the fumigant. Examples of precautions for paragraph (g) — • removing or protecting people or animals while the fumigation activity is carried out • cleaning items exposed to the fumigant before use
• • removing or protecting people or animals while the fumigation activity is carried out
• • cleaning items exposed to the fumigant before use
• (i) if the technician is carrying out the activity for another person who is a business operator—the operator’s business; or
• (ii) otherwise—the technician;
• • removing or protecting people or animals while the fumigation activity is carried out
• • cleaning items exposed to the fumigant before use

sec.27 Identifying risk area

Before carrying out a fumigation activity, a licensed technician must inspect the fumigation space for the activity and the area adjoining the space to identify each risk area for the activity, if any.

sec.28 Inspecting before fumigating

Before introducing a fumigant into a fumigation space for a fumigation activity, a licensed technician must inspect the exposure area for the activity and take all reasonable steps to ensure the following— no-one is in the area other than persons authorised by the technician to be in the area; every potential source of ignition in the area is extinguished or turned off; any food or liquid in the area that is not the subject of the activity is removed from the area; every opening in the space by which the fumigant could escape from the area is sealed in a way that prevents the escape. a crack or crevice in a building an entry point to an underground service tunnel Subsection (1) (d) does not apply if— the fumigation space is a grain storage facility; and the fumigation activity is carried out using a method designed for use in a grain storage facility that is not sealed. (sec.28-ssec.1) Before introducing a fumigant into a fumigation space for a fumigation activity, a licensed technician must inspect the exposure area for the activity and take all reasonable steps to ensure the following— no-one is in the area other than persons authorised by the technician to be in the area; every potential source of ignition in the area is extinguished or turned off; any food or liquid in the area that is not the subject of the activity is removed from the area; every opening in the space by which the fumigant could escape from the area is sealed in a way that prevents the escape. a crack or crevice in a building an entry point to an underground service tunnel (sec.28-ssec.2) Subsection (1) (d) does not apply if— the fumigation space is a grain storage facility; and the fumigation activity is carried out using a method designed for use in a grain storage facility that is not sealed.

• (a) no-one is in the area other than persons authorised by the technician to be in the area;
• (b) every potential source of ignition in the area is extinguished or turned off;
• (c) any food or liquid in the area that is not the subject of the activity is removed from the area;
• (d) every opening in the space by which the fumigant could escape from the area is sealed in a way that prevents the escape. Examples of openings— • a crack or crevice in a building • an entry point to an underground service tunnel
• • a crack or crevice in a building
• • an entry point to an underground service tunnel
• • a crack or crevice in a building
• • an entry point to an underground service tunnel
• (a) the fumigation space is a grain storage facility; and
• (b) the fumigation activity is carried out using a method designed for use in a grain storage facility that is not sealed.

sec.29 Erecting barricades

Before carrying out a fumigation activity, a licensed technician must erect barricades to restrict access to the exposure area for the activity during the exposure period for the activity.

sec.30 Displaying warning signs

A licensed technician carrying out a fumigation activity must place warning signs on any barricades erected under section 29 around the exposure area for the activity. The warning signs must be— sufficient in number to warn a person approaching the exposure area; and placed in a way that can be easily seen by a person approaching the exposure area; and placed before the fumigation activity is started; and kept in place for the entire exposure period for the fumigation activity. Each warning sign must be on a white background and state— contact details of the following, in print of a colour and size that is easy to read— if the licensed technician is carrying out the activity for the operator of a pest management business—the business; otherwise—the technician; and the following words in red print and capital letters with a height of at least 50mm— ‘danger’, ‘keep out’ and ‘fumigation in progress’; after the words mentioned in subparagraph (i) —‘with’ followed by the name of the fumigant being used for the fumigation activity. (sec.30-ssec.1) A licensed technician carrying out a fumigation activity must place warning signs on any barricades erected under section 29 around the exposure area for the activity. (sec.30-ssec.2) The warning signs must be— sufficient in number to warn a person approaching the exposure area; and placed in a way that can be easily seen by a person approaching the exposure area; and placed before the fumigation activity is started; and kept in place for the entire exposure period for the fumigation activity. (sec.30-ssec.3) Each warning sign must be on a white background and state— contact details of the following, in print of a colour and size that is easy to read— if the licensed technician is carrying out the activity for the operator of a pest management business—the business; otherwise—the technician; and the following words in red print and capital letters with a height of at least 50mm— ‘danger’, ‘keep out’ and ‘fumigation in progress’; after the words mentioned in subparagraph (i) —‘with’ followed by the name of the fumigant being used for the fumigation activity.

• (a) sufficient in number to warn a person approaching the exposure area; and
• (b) placed in a way that can be easily seen by a person approaching the exposure area; and
• (c) placed before the fumigation activity is started; and
• (d) kept in place for the entire exposure period for the fumigation activity.
• (a) contact details of the following, in print of a colour and size that is easy to read— (i) if the licensed technician is carrying out the activity for the operator of a pest management business—the business; (ii) otherwise—the technician; and
• (i) if the licensed technician is carrying out the activity for the operator of a pest management business—the business;
• (ii) otherwise—the technician; and
• (b) the following words in red print and capital letters with a height of at least 50mm— (i) ‘danger’, ‘keep out’ and ‘fumigation in progress’; (ii) after the words mentioned in subparagraph (i) —‘with’ followed by the name of the fumigant being used for the fumigation activity.
• (i) ‘danger’, ‘keep out’ and ‘fumigation in progress’;
• (ii) after the words mentioned in subparagraph (i) —‘with’ followed by the name of the fumigant being used for the fumigation activity.
• (i) if the licensed technician is carrying out the activity for the operator of a pest management business—the business;
• (ii) otherwise—the technician; and
• (i) ‘danger’, ‘keep out’ and ‘fumigation in progress’;
• (ii) after the words mentioned in subparagraph (i) —‘with’ followed by the name of the fumigant being used for the fumigation activity.

sec.31 Compliance with activity risk management plan

A licensed technician must carry out a fumigation activity at a fumigation site in accordance with an activity risk management plan for the activity, to the extent reasonably practicable.

sec.32 Other person to be near licensed technician

While a licensed technician is carrying out a fumigation activity at a fumigation site, the technician must take all reasonable steps to ensure at least 1 other person more than 17 years is physically present at the site. The licensed technician must advise the other person about how to suitably assist the technician, if necessary. (sec.32-ssec.1) While a licensed technician is carrying out a fumigation activity at a fumigation site, the technician must take all reasonable steps to ensure at least 1 other person more than 17 years is physically present at the site. (sec.32-ssec.2) The licensed technician must advise the other person about how to suitably assist the technician, if necessary.

sec.33 Inspecting and testing during fumigation

A licensed technician carrying out a fumigation activity at a fumigation site must— inspect the fumigation space for the activity and the equipment being used to introduce the fumigant into the space; and test the fumigation space and equipment mentioned in paragraph (a) for leakage or escape of the fumigant outside the exposure area for the activity. The inspection and testing must be carried out— during the introduction of the fumigant into the fumigation space, if practicable; and regularly during the retention period of the fumigant introduced into the fumigation space. If the licensed technician detects an unsafe leak from the fumigation space or equipment, the technician must— stop the unsafe leak; and seal the space or equipment to prevent further unsafe leaks. This section does not apply if— the fumigation space is a grain storage facility; and the fumigation activity is carried out using a method designed for use in a grain storage facility that is not sealed. In this section— unsafe leak , in relation to a fumigant, is a leakage or escape that is more than the safe exposure concentration for the fumigant. (sec.33-ssec.1) A licensed technician carrying out a fumigation activity at a fumigation site must— inspect the fumigation space for the activity and the equipment being used to introduce the fumigant into the space; and test the fumigation space and equipment mentioned in paragraph (a) for leakage or escape of the fumigant outside the exposure area for the activity. (sec.33-ssec.2) The inspection and testing must be carried out— during the introduction of the fumigant into the fumigation space, if practicable; and regularly during the retention period of the fumigant introduced into the fumigation space. (sec.33-ssec.3) If the licensed technician detects an unsafe leak from the fumigation space or equipment, the technician must— stop the unsafe leak; and seal the space or equipment to prevent further unsafe leaks. (sec.33-ssec.4) This section does not apply if— the fumigation space is a grain storage facility; and the fumigation activity is carried out using a method designed for use in a grain storage facility that is not sealed. (sec.33-ssec.5) In this section— unsafe leak , in relation to a fumigant, is a leakage or escape that is more than the safe exposure concentration for the fumigant.

• (a) inspect the fumigation space for the activity and the equipment being used to introduce the fumigant into the space; and
• (b) test the fumigation space and equipment mentioned in paragraph (a) for leakage or escape of the fumigant outside the exposure area for the activity.
• (a) during the introduction of the fumigant into the fumigation space, if practicable; and
• (b) regularly during the retention period of the fumigant introduced into the fumigation space.
• (a) stop the unsafe leak; and
• (b) seal the space or equipment to prevent further unsafe leaks.
• (a) the fumigation space is a grain storage facility; and
• (b) the fumigation activity is carried out using a method designed for use in a grain storage facility that is not sealed.

sec.34 Releasing fumigant and venting fumigation space

This section applies at the end of the retention period of a fumigant introduced into a fumigation space for a fumigation activity. The licensed technician must— release the fumigant from the fumigation space in a way that is unlikely to endanger a person; and vent the fumigation space in a way that leaves the concentration of the fumigant in the space no more than the safe exposure concentration for the fumigant. (sec.34-ssec.1) This section applies at the end of the retention period of a fumigant introduced into a fumigation space for a fumigation activity. (sec.34-ssec.2) The licensed technician must— release the fumigant from the fumigation space in a way that is unlikely to endanger a person; and vent the fumigation space in a way that leaves the concentration of the fumigant in the space no more than the safe exposure concentration for the fumigant.

• (a) release the fumigant from the fumigation space in a way that is unlikely to endanger a person; and
• (b) vent the fumigation space in a way that leaves the concentration of the fumigant in the space no more than the safe exposure concentration for the fumigant.

sec.35 Re-entering exposure area

This section applies after the release of a fumigant from, and venting of, a fumigation space for a fumigation activity carried out by a licensed technician. The licensed technician must check that the concentration of fumigant in the exposure area for the fumigation activity is no more than the safe exposure concentration for the fumigant. Also, the licensed technician must take all reasonable steps to ensure no person enters the exposure area until the technician is satisfied the area is safe for entry. (sec.35-ssec.1) This section applies after the release of a fumigant from, and venting of, a fumigation space for a fumigation activity carried out by a licensed technician. (sec.35-ssec.2) The licensed technician must check that the concentration of fumigant in the exposure area for the fumigation activity is no more than the safe exposure concentration for the fumigant. (sec.35-ssec.3) Also, the licensed technician must take all reasonable steps to ensure no person enters the exposure area until the technician is satisfied the area is safe for entry.

sec.36 Giving clearance certificate

A licensed technician who has carried out a fumigation activity for a customer must, when satisfied the exposure area for the activity is safe for entry, give the customer a notice (a clearance certificate ) for the activity. The clearance certificate must be dated and signed by the licensed technician. The licensed technician must— if the technician is carrying out the fumigation activity for another person who is a business operator—give a copy of the clearance certificate to the operator; or otherwise—keep a copy of the clearance certificate. (sec.36-ssec.1) A licensed technician who has carried out a fumigation activity for a customer must, when satisfied the exposure area for the activity is safe for entry, give the customer a notice (a clearance certificate ) for the activity. (sec.36-ssec.2) The clearance certificate must be dated and signed by the licensed technician. (sec.36-ssec.3) The licensed technician must— if the technician is carrying out the fumigation activity for another person who is a business operator—give a copy of the clearance certificate to the operator; or otherwise—keep a copy of the clearance certificate.

• (a) if the technician is carrying out the fumigation activity for another person who is a business operator—give a copy of the clearance certificate to the operator; or
• (b) otherwise—keep a copy of the clearance certificate.

sec.37 Contents of clearance certificate

A licensed technician must ensure the following information is stated in a clearance certificate for a fumigation activity carried out by the technician for a customer at a fumigation site— the contact details of the customer; the contact details of— if the technician is carrying out the activity for another person who is a business operator—the operator’s business; or otherwise—the technician; the technician’s licence number; the address of the site; the details of the exposure area for the activity; the details of what was fumigated; the reason for the activity; the type and concentration of fumigant used; the day and time the fumigant was introduced into the fumigation space for the activity; the method used to introduce the fumigant into the fumigation space; the retention period of the fumigant introduced into the fumigation space; the day and time the fumigant was released from the fumigation space; the method used to establish that the exposure area was safe for entry; a statement that the exposure area is safe for entry.

• (a) the contact details of the customer;
• (b) the contact details of— (i) if the technician is carrying out the activity for another person who is a business operator—the operator’s business; or (ii) otherwise—the technician;
• (i) if the technician is carrying out the activity for another person who is a business operator—the operator’s business; or
• (ii) otherwise—the technician;
• (c) the technician’s licence number;
• (d) the address of the site;
• (e) the details of the exposure area for the activity;
• (f) the details of what was fumigated;
• (g) the reason for the activity;
• (h) the type and concentration of fumigant used;
• (i) the day and time the fumigant was introduced into the fumigation space for the activity;
• (j) the method used to introduce the fumigant into the fumigation space;
• (k) the retention period of the fumigant introduced into the fumigation space;
• (l) the day and time the fumigant was released from the fumigation space;
• (m) the method used to establish that the exposure area was safe for entry;
• (n) a statement that the exposure area is safe for entry.
• (i) if the technician is carrying out the activity for another person who is a business operator—the operator’s business; or
• (ii) otherwise—the technician;

Other conditions

sec.38 Obligations when supervising pest management trainees

This section applies if— a pest management trainee is carrying out a pest management activity that the trainee is authorised under the Act to carry out under supervision; and a licensed technician is, under the technician’s licence, authorised to carry out the pest management activity; and the licensed technician is carrying out the pest management activity with, and supervising, the pest management trainee. While the pest management trainee is carrying out the pest management activity, the licensed technician must either— directly supervise the trainee; or indirectly supervise the trainee if the technician is reasonably satisfied— the trainee is competent enough to be indirectly supervised; and the health and safety of the trainee or another person would not be endangered if the trainee were indirectly supervised. Also, when carrying out the pest management activity with, and supervising, the pest management trainee, the licensed technician must— provide directions, demonstrations, training and monitoring that are appropriate and relevant to the trainee; and take all reasonable steps to ensure the trainee complies with the Act when carrying out the activity; and take remedial action if— an emergency arises from the trainee carrying out the activity; or the trainee has carried out the activity in a noncompliant way. In this section— directly supervise , in relation to a pest management trainee, means the trainee is within the direct sight and hearing of the trainee’s supervisor when carrying out a pest management activity. indirectly supervise , in relation to a pest management trainee, means the trainee is unable to directly see or hear the trainee’s supervisor but is— on the same site as the supervisor; and can communicate with the supervisor using a communication device, including, for example, a phone or two-way radio. s 38 amd 2023 SL No. 163 s 15 (sec.38-ssec.1) This section applies if— a pest management trainee is carrying out a pest management activity that the trainee is authorised under the Act to carry out under supervision; and a licensed technician is, under the technician’s licence, authorised to carry out the pest management activity; and the licensed technician is carrying out the pest management activity with, and supervising, the pest management trainee. (sec.38-ssec.2) While the pest management trainee is carrying out the pest management activity, the licensed technician must either— directly supervise the trainee; or indirectly supervise the trainee if the technician is reasonably satisfied— the trainee is competent enough to be indirectly supervised; and the health and safety of the trainee or another person would not be endangered if the trainee were indirectly supervised. (sec.38-ssec.3) Also, when carrying out the pest management activity with, and supervising, the pest management trainee, the licensed technician must— provide directions, demonstrations, training and monitoring that are appropriate and relevant to the trainee; and take all reasonable steps to ensure the trainee complies with the Act when carrying out the activity; and take remedial action if— an emergency arises from the trainee carrying out the activity; or the trainee has carried out the activity in a noncompliant way. (sec.38-ssec.4) In this section— directly supervise , in relation to a pest management trainee, means the trainee is within the direct sight and hearing of the trainee’s supervisor when carrying out a pest management activity. indirectly supervise , in relation to a pest management trainee, means the trainee is unable to directly see or hear the trainee’s supervisor but is— on the same site as the supervisor; and can communicate with the supervisor using a communication device, including, for example, a phone or two-way radio.

• (a) a pest management trainee is carrying out a pest management activity that the trainee is authorised under the Act to carry out under supervision; and
• (b) a licensed technician is, under the technician’s licence, authorised to carry out the pest management activity; and
• (c) the licensed technician is carrying out the pest management activity with, and supervising, the pest management trainee.
• (a) directly supervise the trainee; or
• (b) indirectly supervise the trainee if the technician is reasonably satisfied— (i) the trainee is competent enough to be indirectly supervised; and (i) the health and safety of the trainee or another person would not be endangered if the trainee were indirectly supervised.
• (i) the trainee is competent enough to be indirectly supervised; and
• (i) the health and safety of the trainee or another person would not be endangered if the trainee were indirectly supervised.
• (i) the trainee is competent enough to be indirectly supervised; and
• (i) the health and safety of the trainee or another person would not be endangered if the trainee were indirectly supervised.
• (a) provide directions, demonstrations, training and monitoring that are appropriate and relevant to the trainee; and
• (b) take all reasonable steps to ensure the trainee complies with the Act when carrying out the activity; and
• (c) take remedial action if— (i) an emergency arises from the trainee carrying out the activity; or (ii) the trainee has carried out the activity in a noncompliant way.
• (i) an emergency arises from the trainee carrying out the activity; or
• (ii) the trainee has carried out the activity in a noncompliant way.
• (i) an emergency arises from the trainee carrying out the activity; or
• (ii) the trainee has carried out the activity in a noncompliant way.
• (a) on the same site as the supervisor; and
• (b) can communicate with the supervisor using a communication device, including, for example, a phone or two-way radio.

sec.39 Changes affecting licence

A licensed technician must notify the chief executive about any of the following changes as soon as practicable— if the technician was required to undergo a health assessment under section 90 of the Act when applying for the technician’s pest management licence—a change in a matter disclosed to the chief executive in the health assessment; a change in the technician’s address or contact details; a change in the address or contact details of a pest management business operated by the technician or by another person by whom the technician is employed; if the technician becomes an employee of an operator of a pest management business or changes employment to a different operator of a pest management business—the address and contact details of the business; a change in the address of the place stated in the technician’s licence to be the place where the technician stores fumigants or pesticides under the licence. s 39 amd 2023 SL No. 163 s 16

• (a) if the technician was required to undergo a health assessment under section 90 of the Act when applying for the technician’s pest management licence—a change in a matter disclosed to the chief executive in the health assessment;
• (b) a change in the technician’s address or contact details;
• (c) a change in the address or contact details of a pest management business operated by the technician or by another person by whom the technician is employed;
• (d) if the technician becomes an employee of an operator of a pest management business or changes employment to a different operator of a pest management business—the address and contact details of the business;
• (e) a change in the address of the place stated in the technician’s licence to be the place where the technician stores fumigants or pesticides under the licence.

Requirements for carrying out pest management activities

Preliminary

sec.40 Application of part— Act , s 91

For section 91 (1) of the Act , this part prescribes requirements for a person (a qualified person ) authorised under section 54 (4) or 62 of the Act to carry out a pest management activity with a fumigant or pesticide, in relation to carrying out the pest management activity. See section 91 (3) of the Act in relation to the matters to which the requirements under this chapter are subject. This chapter does not apply in relation to persons authorised to carry out, or request or direct the carrying out of, a pest management activity under section 57 of the Act which relates to emergency orders.

• 1 See section 91 (3) of the Act in relation to the matters to which the requirements under this chapter are subject.
• 2 This chapter does not apply in relation to persons authorised to carry out, or request or direct the carrying out of, a pest management activity under section 57 of the Act which relates to emergency orders.

Using fumigants or pesticides

sec.41 Compliance with approved label

A qualified person must use a fumigant or pesticide for a pest management activity in accordance with the approved label of the fumigant or pesticide.

Labels, containers and storage

sec.42 Using containers

A qualified person must take all reasonable steps to ensure a container used by the person in relation to carrying out a pest management activity has the following characteristics— the container is impervious to the fumigant or pesticide it contains; the container does not react chemically with the fumigant or pesticide it contains; the container does not physically interact with the fumigant or pesticide it contains in a way that may result in deterioration of the performance of the container; the container can be securely closed; the container is sufficiently durable to prevent it from breaking, or its contents from leaking or otherwise escaping, during ordinary handling, storage or transport; the container is securely closed at all times unless a fumigant or pesticide is being put into, or taken from, the container; the container is not a food or drink container or similar in colour, shape or appearance to a food or drink container. In this section— food or drink container means a container ordinarily used or supplied for use to hold food or drink. (sec.42-ssec.1) A qualified person must take all reasonable steps to ensure a container used by the person in relation to carrying out a pest management activity has the following characteristics— the container is impervious to the fumigant or pesticide it contains; the container does not react chemically with the fumigant or pesticide it contains; the container does not physically interact with the fumigant or pesticide it contains in a way that may result in deterioration of the performance of the container; the container can be securely closed; the container is sufficiently durable to prevent it from breaking, or its contents from leaking or otherwise escaping, during ordinary handling, storage or transport; the container is securely closed at all times unless a fumigant or pesticide is being put into, or taken from, the container; the container is not a food or drink container or similar in colour, shape or appearance to a food or drink container. (sec.42-ssec.2) In this section— food or drink container means a container ordinarily used or supplied for use to hold food or drink.

• (a) the container is impervious to the fumigant or pesticide it contains;
• (b) the container does not react chemically with the fumigant or pesticide it contains;
• (c) the container does not physically interact with the fumigant or pesticide it contains in a way that may result in deterioration of the performance of the container;
• (d) the container can be securely closed;
• (e) the container is sufficiently durable to prevent it from breaking, or its contents from leaking or otherwise escaping, during ordinary handling, storage or transport;
• (f) the container is securely closed at all times unless a fumigant or pesticide is being put into, or taken from, the container;
• (g) the container is not a food or drink container or similar in colour, shape or appearance to a food or drink container.

sec.43 Labelling containers

This section applies in relation to a container used by a qualified person— in which a fumigant or pesticide is stored for future use; and that does not have an approved label attached to it. The qualified person must take all reasonable steps to ensure a label showing the following information is durably printed on, or securely attached to, the outside of the container— the name by which the fumigant or pesticide is marketed or sold; each active constituent of the fumigant or pesticide in the container; the strength of each active constituent expressed as— for a liquid in a liquid preparation—the mass or volume of the active constituent in a stated volume of the preparation; or for a liquid in a solid or semisolid preparation—the mass or volume of the active constituent in a stated mass of the preparation; or for a solid or semisolid in a liquid preparation—the mass of the active constituent in a stated volume of the preparation; or for a solid or semisolid in a solid or semisolid preparation—the mass of the active constituent in a stated mass of the preparation; or for a gas in a liquid preparation—the mass of the active constituent in a stated volume of the preparation; or for a gas in a solid or semisolid preparation—the mass of the active constituent in a stated mass of the preparation; or for a gas in a gaseous preparation—the mass of the active constituent in a stated mass of the preparation. (sec.43-ssec.1) This section applies in relation to a container used by a qualified person— in which a fumigant or pesticide is stored for future use; and that does not have an approved label attached to it. (sec.43-ssec.2) The qualified person must take all reasonable steps to ensure a label showing the following information is durably printed on, or securely attached to, the outside of the container— the name by which the fumigant or pesticide is marketed or sold; each active constituent of the fumigant or pesticide in the container; the strength of each active constituent expressed as— for a liquid in a liquid preparation—the mass or volume of the active constituent in a stated volume of the preparation; or for a liquid in a solid or semisolid preparation—the mass or volume of the active constituent in a stated mass of the preparation; or for a solid or semisolid in a liquid preparation—the mass of the active constituent in a stated volume of the preparation; or for a solid or semisolid in a solid or semisolid preparation—the mass of the active constituent in a stated mass of the preparation; or for a gas in a liquid preparation—the mass of the active constituent in a stated volume of the preparation; or for a gas in a solid or semisolid preparation—the mass of the active constituent in a stated mass of the preparation; or for a gas in a gaseous preparation—the mass of the active constituent in a stated mass of the preparation.

• (a) in which a fumigant or pesticide is stored for future use; and
• (b) that does not have an approved label attached to it.
• (a) the name by which the fumigant or pesticide is marketed or sold;
• (b) each active constituent of the fumigant or pesticide in the container;
• (c) the strength of each active constituent expressed as— (i) for a liquid in a liquid preparation—the mass or volume of the active constituent in a stated volume of the preparation; or (ii) for a liquid in a solid or semisolid preparation—the mass or volume of the active constituent in a stated mass of the preparation; or (iii) for a solid or semisolid in a liquid preparation—the mass of the active constituent in a stated volume of the preparation; or (iv) for a solid or semisolid in a solid or semisolid preparation—the mass of the active constituent in a stated mass of the preparation; or (v) for a gas in a liquid preparation—the mass of the active constituent in a stated volume of the preparation; or (vi) for a gas in a solid or semisolid preparation—the mass of the active constituent in a stated mass of the preparation; or (vii) for a gas in a gaseous preparation—the mass of the active constituent in a stated mass of the preparation.
• (i) for a liquid in a liquid preparation—the mass or volume of the active constituent in a stated volume of the preparation; or
• (ii) for a liquid in a solid or semisolid preparation—the mass or volume of the active constituent in a stated mass of the preparation; or
• (iii) for a solid or semisolid in a liquid preparation—the mass of the active constituent in a stated volume of the preparation; or
• (iv) for a solid or semisolid in a solid or semisolid preparation—the mass of the active constituent in a stated mass of the preparation; or
• (v) for a gas in a liquid preparation—the mass of the active constituent in a stated volume of the preparation; or
• (vi) for a gas in a solid or semisolid preparation—the mass of the active constituent in a stated mass of the preparation; or
• (vii) for a gas in a gaseous preparation—the mass of the active constituent in a stated mass of the preparation.
• (i) for a liquid in a liquid preparation—the mass or volume of the active constituent in a stated volume of the preparation; or
• (ii) for a liquid in a solid or semisolid preparation—the mass or volume of the active constituent in a stated mass of the preparation; or
• (iii) for a solid or semisolid in a liquid preparation—the mass of the active constituent in a stated volume of the preparation; or
• (iv) for a solid or semisolid in a solid or semisolid preparation—the mass of the active constituent in a stated mass of the preparation; or
• (v) for a gas in a liquid preparation—the mass of the active constituent in a stated volume of the preparation; or
• (vi) for a gas in a solid or semisolid preparation—the mass of the active constituent in a stated mass of the preparation; or
• (vii) for a gas in a gaseous preparation—the mass of the active constituent in a stated mass of the preparation.

sec.44 Storage on vehicle

A qualified person must pack or place a fumigant or pesticide stored or transported in a vehicle in a way that prevents, to the extent reasonably practicable— any damage to the packaging of the fumigant or pesticide; and any leakage or escape of the fumigant or pesticide. A qualified person must take all reasonable steps to prevent another person from accessing a vehicle in which a fumigant or pesticide is stored or transported by the qualified person unless— the other person is an adult or an approved person mentioned in schedule 1 , section 27 or 29 ; or the qualified person has given permission for the access. (sec.44-ssec.1) A qualified person must pack or place a fumigant or pesticide stored or transported in a vehicle in a way that prevents, to the extent reasonably practicable— any damage to the packaging of the fumigant or pesticide; and any leakage or escape of the fumigant or pesticide. (sec.44-ssec.2) A qualified person must take all reasonable steps to prevent another person from accessing a vehicle in which a fumigant or pesticide is stored or transported by the qualified person unless— the other person is an adult or an approved person mentioned in schedule 1 , section 27 or 29 ; or the qualified person has given permission for the access.

• (a) any damage to the packaging of the fumigant or pesticide; and
• (b) any leakage or escape of the fumigant or pesticide.
• (a) the other person is an adult or an approved person mentioned in schedule 1 , section 27 or 29 ; or
• (b) the qualified person has given permission for the access.

sec.45 Storage generally

A qualified person must, to the extent reasonably practicable, store a fumigant or pesticide not being used by the person at a place in a way that prevents all of the following— damage to the packaging of the fumigant or pesticide; any leakage or escape of the fumigant or pesticide; access to the fumigant or pesticide by another person who is not a qualified person. (sec.45-ssec) A qualified person must, to the extent reasonably practicable, store a fumigant or pesticide not being used by the person at a place in a way that prevents all of the following— damage to the packaging of the fumigant or pesticide; any leakage or escape of the fumigant or pesticide; access to the fumigant or pesticide by another person who is not a qualified person.

• (a) damage to the packaging of the fumigant or pesticide;
• (b) any leakage or escape of the fumigant or pesticide;
• (c) access to the fumigant or pesticide by another person who is not a qualified person.

Documentation

sec.46 Records of use of fumigants or pesticides

A qualified person must make a record stating each of the following matters for each pest management activity carried out by the person— the date of the activity; the address and a description of the place where the activity was carried out; if the activity was requested by a customer—the contact details of the customer; if the person is a licensed technician, or the carrying out of the activity by the person was supervised by a licensed technician—the technician’s licence number; the following information about the fumigant or pesticide used for the activity— the name by which the fumigant or pesticide is marketed or sold; each active constituent of the fumigant or pesticide and the strength and amount of each active constituent; for a fumigant or a pesticide used for timber pests—the rate of application for the fumigant or pesticide. The qualified person must make the record as soon as practicable, but no later than 24 hours, after the pest management activity is carried out. The qualified person must— if the person is carrying out the pest management activity for another person who is a business operator—give the record, or a copy of the record, to the operator; or otherwise—keep the record. A termite management certificate issued for a pest management activity is taken to be a record complying with subsection (1) . In this section— termite management certificate means a certificate of installation, or certificate of termite treatment, issued under a termite management standard for a pest management activity to which the standard applies. termite management standard means each of the following— AS 3660.1 (Termite management: New building work); AS 3660.2 (Termite management: In and around existing buildings and structures); AS 3660.3 (Termite management: Assessment criteria for termite management systems). (sec.46-ssec.1) A qualified person must make a record stating each of the following matters for each pest management activity carried out by the person— the date of the activity; the address and a description of the place where the activity was carried out; if the activity was requested by a customer—the contact details of the customer; if the person is a licensed technician, or the carrying out of the activity by the person was supervised by a licensed technician—the technician’s licence number; the following information about the fumigant or pesticide used for the activity— the name by which the fumigant or pesticide is marketed or sold; each active constituent of the fumigant or pesticide and the strength and amount of each active constituent; for a fumigant or a pesticide used for timber pests—the rate of application for the fumigant or pesticide. (sec.46-ssec.2) The qualified person must make the record as soon as practicable, but no later than 24 hours, after the pest management activity is carried out. (sec.46-ssec.3) The qualified person must— if the person is carrying out the pest management activity for another person who is a business operator—give the record, or a copy of the record, to the operator; or otherwise—keep the record. (sec.46-ssec.4) A termite management certificate issued for a pest management activity is taken to be a record complying with subsection (1) . (sec.46-ssec.5) In this section— termite management certificate means a certificate of installation, or certificate of termite treatment, issued under a termite management standard for a pest management activity to which the standard applies. termite management standard means each of the following— AS 3660.1 (Termite management: New building work); AS 3660.2 (Termite management: In and around existing buildings and structures); AS 3660.3 (Termite management: Assessment criteria for termite management systems).

• (a) the date of the activity;
• (b) the address and a description of the place where the activity was carried out;
• (c) if the activity was requested by a customer—the contact details of the customer;
• (d) if the person is a licensed technician, or the carrying out of the activity by the person was supervised by a licensed technician—the technician’s licence number;
• (e) the following information about the fumigant or pesticide used for the activity— (i) the name by which the fumigant or pesticide is marketed or sold; (ii) each active constituent of the fumigant or pesticide and the strength and amount of each active constituent; (iii) for a fumigant or a pesticide used for timber pests—the rate of application for the fumigant or pesticide.
• (i) the name by which the fumigant or pesticide is marketed or sold;
• (ii) each active constituent of the fumigant or pesticide and the strength and amount of each active constituent;
• (iii) for a fumigant or a pesticide used for timber pests—the rate of application for the fumigant or pesticide.
• (i) the name by which the fumigant or pesticide is marketed or sold;
• (ii) each active constituent of the fumigant or pesticide and the strength and amount of each active constituent;
• (iii) for a fumigant or a pesticide used for timber pests—the rate of application for the fumigant or pesticide.
• (a) if the person is carrying out the pest management activity for another person who is a business operator—give the record, or a copy of the record, to the operator; or
• (b) otherwise—keep the record.
• (a) AS 3660.1 (Termite management: New building work);
• (b) AS 3660.2 (Termite management: In and around existing buildings and structures);
• (c) AS 3660.3 (Termite management: Assessment criteria for termite management systems).

Incidents

sec.47 Dealing with leakages or escapes

This section applies if a fumigant or pesticide in the possession of a qualified person leaks or escapes. The qualified person must, as soon as practicable after becoming aware of the leakage or escape, take action to— stop the leakage or escape; and for a fumigant—clean and decontaminate the area in which the leakage or escape has occurred to a concentration of the fumigant that is no more than the safe exposure concentration for the fumigant; and for a pesticide—contain the pesticide and dispose of it lawfully. (sec.47-ssec.1) This section applies if a fumigant or pesticide in the possession of a qualified person leaks or escapes. (sec.47-ssec.2) The qualified person must, as soon as practicable after becoming aware of the leakage or escape, take action to— stop the leakage or escape; and for a fumigant—clean and decontaminate the area in which the leakage or escape has occurred to a concentration of the fumigant that is no more than the safe exposure concentration for the fumigant; and for a pesticide—contain the pesticide and dispose of it lawfully.

• (a) stop the leakage or escape; and
• (b) for a fumigant—clean and decontaminate the area in which the leakage or escape has occurred to a concentration of the fumigant that is no more than the safe exposure concentration for the fumigant; and
• (c) for a pesticide—contain the pesticide and dispose of it lawfully.

sec.48 Disposal of containers

A qualified person must dispose of a container that has been, and is no longer being, used by the person for a fumigant or pesticide by— doing both of the following— rinsing the container several times with water; rendering it useless, including, for example, by making holes in it; or if the container has been used for a fumigant—securely sealing the container and returning it to the person who supplied the fumigant; or disposing of the container in another lawful way.

• (a) doing both of the following— (i) rinsing the container several times with water; (ii) rendering it useless, including, for example, by making holes in it; or
• (i) rinsing the container several times with water;
• (ii) rendering it useless, including, for example, by making holes in it; or
• (b) if the container has been used for a fumigant—securely sealing the container and returning it to the person who supplied the fumigant; or
• (c) disposing of the container in another lawful way.
• (i) rinsing the container several times with water;
• (ii) rendering it useless, including, for example, by making holes in it; or

sec.49 Exposure, spillage or other release

This section applies if— a qualified person is carrying out a pest management activity; and an incident happens involving the exposure, spillage or other release of a fumigant or pesticide that is likely to require medical treatment. exposure of a member of the public to a fumigant or pesticide during application spillage of a pesticide at a residence The qualified person must notify the chief executive, orally or in writing, about the occurrence of the incident. The notification must— be given to the chief executive as soon as practicable, and no later than 1 business day, after the incident; and include enough particulars to identify the incident, its nature and its location. If the notification is given orally, the qualified person must give the chief executive a written notice of the notification within 7 days after the incident happened. (sec.49-ssec.1) This section applies if— a qualified person is carrying out a pest management activity; and an incident happens involving the exposure, spillage or other release of a fumigant or pesticide that is likely to require medical treatment. exposure of a member of the public to a fumigant or pesticide during application spillage of a pesticide at a residence (sec.49-ssec.2) The qualified person must notify the chief executive, orally or in writing, about the occurrence of the incident. (sec.49-ssec.3) The notification must— be given to the chief executive as soon as practicable, and no later than 1 business day, after the incident; and include enough particulars to identify the incident, its nature and its location. (sec.49-ssec.4) If the notification is given orally, the qualified person must give the chief executive a written notice of the notification within 7 days after the incident happened.

• (a) a qualified person is carrying out a pest management activity; and
• (b) an incident happens involving the exposure, spillage or other release of a fumigant or pesticide that is likely to require medical treatment. Examples of incidents— • exposure of a member of the public to a fumigant or pesticide during application • spillage of a pesticide at a residence
• • exposure of a member of the public to a fumigant or pesticide during application
• • spillage of a pesticide at a residence
• • exposure of a member of the public to a fumigant or pesticide during application
• • spillage of a pesticide at a residence
• (a) be given to the chief executive as soon as practicable, and no later than 1 business day, after the incident; and
• (b) include enough particulars to identify the incident, its nature and its location.

sec.50 Suspicious products

A qualified person must notify the chief executive, orally or in writing, if the person is supplied with a fumigant or pesticide to which either of the following circumstances apply (each a suspicious product )— the fumigant or pesticide is incorrectly labelled or does not have an approved label attached to it; the person reasonably believes the fumigant or pesticide is contaminated or has a manufacturing fault. The notification must be given as soon as practicable after the qualified person becomes aware of the suspicious product and include enough particulars to identify the product and its location. If the notification is given orally, the qualified person must give the chief executive a written notice of the notification within 7 days after becoming aware of the suspicious product. (sec.50-ssec.1) A qualified person must notify the chief executive, orally or in writing, if the person is supplied with a fumigant or pesticide to which either of the following circumstances apply (each a suspicious product )— the fumigant or pesticide is incorrectly labelled or does not have an approved label attached to it; the person reasonably believes the fumigant or pesticide is contaminated or has a manufacturing fault. (sec.50-ssec.2) The notification must be given as soon as practicable after the qualified person becomes aware of the suspicious product and include enough particulars to identify the product and its location. (sec.50-ssec.3) If the notification is given orally, the qualified person must give the chief executive a written notice of the notification within 7 days after becoming aware of the suspicious product.

• (a) the fumigant or pesticide is incorrectly labelled or does not have an approved label attached to it;
• (b) the person reasonably believes the fumigant or pesticide is contaminated or has a manufacturing fault.

Pest management trainees

sec.51 Record keeping

This section applies to a qualified person who is a pest management trainee, in addition to section 46 . The pest management trainee must make a record each time the trainee carries out a pest management activity that states— the date on which the activity is carried out; and a description of the activity carried out; and the name of the trainee’s supervisor; and if the trainee is carrying out the activity for a business operator who is not the trainee’s supervisor—the contact details of the operator’s business. If the pest management trainee is carrying out the pest management activity for a business operator, the trainee must give the record to the operator. (sec.51-ssec.1) This section applies to a qualified person who is a pest management trainee, in addition to section 46 . (sec.51-ssec.2) The pest management trainee must make a record each time the trainee carries out a pest management activity that states— the date on which the activity is carried out; and a description of the activity carried out; and the name of the trainee’s supervisor; and if the trainee is carrying out the activity for a business operator who is not the trainee’s supervisor—the contact details of the operator’s business. (sec.51-ssec.3) If the pest management trainee is carrying out the pest management activity for a business operator, the trainee must give the record to the operator.

• (a) the date on which the activity is carried out; and
• (b) a description of the activity carried out; and
• (c) the name of the trainee’s supervisor; and
• (d) if the trainee is carrying out the activity for a business operator who is not the trainee’s supervisor—the contact details of the operator’s business.

Offences

Business operators

sec.52 Pest management trainees

A business operator must take all reasonable steps to ensure each pest management trainee employed by the operator— is supervised by a licensed technician while carrying out any pest management activity; and receives training that is appropriate for the pest management activities carried out by the trainee and the trainee’s level of competency. Maximum penalty—20 penalty units.

• (a) is supervised by a licensed technician while carrying out any pest management activity; and
• (b) receives training that is appropriate for the pest management activities carried out by the trainee and the trainee’s level of competency.

sec.53 Equipping employees

This section applies if a business operator provides any equipment, document or vehicle to an employee of the operator for carrying out a pest management activity. The business operator must take all reasonable steps to ensure the equipment, document or vehicle is suitable for carrying out the pest management activity. Maximum penalty—20 penalty units. In this section— equipment includes containers, hoses, measuring tools, spray packs and spill kits. (sec.53-ssec.1) This section applies if a business operator provides any equipment, document or vehicle to an employee of the operator for carrying out a pest management activity. (sec.53-ssec.2) The business operator must take all reasonable steps to ensure the equipment, document or vehicle is suitable for carrying out the pest management activity. Maximum penalty—20 penalty units. (sec.53-ssec.3) In this section— equipment includes containers, hoses, measuring tools, spray packs and spill kits.

sec.54 Application of subdivision

This subdivision applies to a business operator in relation to a pest management vehicle used by the operator, or provided by the operator to an employee of the operator, for carrying out a pest management activity.

sec.55 Containment of fumigants and pesticides

A business operator must take all reasonable steps to ensure a pest management vehicle used for a fumigant or pesticide that is a solid or liquid— has a floor and walls that are impervious to the fumigant or pesticide; and can contain a leakage or escape of the fumigant or pesticide. Maximum penalty—20 penalty units. A business operator must take all reasonable steps to ensure that a pest management vehicle used for a fumigant or pesticide that is a gas in a cylinder— is open to the air with unrestricted ventilation; or has a vapour tight cabinet to enclose the cylinder that is vented to the outside of the vehicle; or is separated from the driving compartment of the vehicle by a barrier that is impervious to gas. Maximum penalty—20 penalty units. A business operator must take all reasonable steps to ensure that a pest management vehicle is able to be locked when the vehicle is unattended. Maximum penalty—20 penalty units. (sec.55-ssec.1) A business operator must take all reasonable steps to ensure a pest management vehicle used for a fumigant or pesticide that is a solid or liquid— has a floor and walls that are impervious to the fumigant or pesticide; and can contain a leakage or escape of the fumigant or pesticide. Maximum penalty—20 penalty units. (sec.55-ssec.2) A business operator must take all reasonable steps to ensure that a pest management vehicle used for a fumigant or pesticide that is a gas in a cylinder— is open to the air with unrestricted ventilation; or has a vapour tight cabinet to enclose the cylinder that is vented to the outside of the vehicle; or is separated from the driving compartment of the vehicle by a barrier that is impervious to gas. Maximum penalty—20 penalty units. (sec.55-ssec.3) A business operator must take all reasonable steps to ensure that a pest management vehicle is able to be locked when the vehicle is unattended. Maximum penalty—20 penalty units.

• (a) has a floor and walls that are impervious to the fumigant or pesticide; and
• (b) can contain a leakage or escape of the fumigant or pesticide.
• (a) is open to the air with unrestricted ventilation; or
• (b) has a vapour tight cabinet to enclose the cylinder that is vented to the outside of the vehicle; or
• (c) is separated from the driving compartment of the vehicle by a barrier that is impervious to gas.

sec.56 Signage

A business operator must ensure the following information is printed on the exterior of a pest management vehicle in English in a way that can be easily read— the contact details of the operator’s business; the words ‘pest management vehicle’ or other words to clearly indicate the vehicle is used for pest management activities, unless this is otherwise clearly indicated in the name of the operator’s business. Maximum penalty—20 penalty units.

• (a) the contact details of the operator’s business;
• (b) the words ‘pest management vehicle’ or other words to clearly indicate the vehicle is used for pest management activities, unless this is otherwise clearly indicated in the name of the operator’s business.

sec.57 Secure storage

This section applies to a business operator storing a fumigant or pesticide at a place for use for the operator’s pest management business. The business operator must take all reasonable steps to ensure that the place has the following features— the place is able to be locked when unattended; the place has a floor and other surfaces that are impervious to the fumigant or pesticide; the place is built in a way that any leakage or escape of the fumigant or pesticide is not likely to cause harm or nuisance to a person or the environment; the place is adequately ventilated; the place provides the fumigant or pesticide with protection from the weather; the place is located in an area that is separated from a residence or another work area that is not used for pest management activities. Maximum penalty—20 penalty units. (sec.57-ssec.1) This section applies to a business operator storing a fumigant or pesticide at a place for use for the operator’s pest management business. (sec.57-ssec.2) The business operator must take all reasonable steps to ensure that the place has the following features— the place is able to be locked when unattended; the place has a floor and other surfaces that are impervious to the fumigant or pesticide; the place is built in a way that any leakage or escape of the fumigant or pesticide is not likely to cause harm or nuisance to a person or the environment; the place is adequately ventilated; the place provides the fumigant or pesticide with protection from the weather; the place is located in an area that is separated from a residence or another work area that is not used for pest management activities.

• (a) the place is able to be locked when unattended;
• (b) the place has a floor and other surfaces that are impervious to the fumigant or pesticide;
• (c) the place is built in a way that any leakage or escape of the fumigant or pesticide is not likely to cause harm or nuisance to a person or the environment;
• (d) the place is adequately ventilated;
• (e) the place provides the fumigant or pesticide with protection from the weather;
• (f) the place is located in an area that is separated from a residence or another work area that is not used for pest management activities.

sec.58 Business records

A business operator must keep a record of— the address and contact details of each of the operator’s employees carrying out pest management activities; and any notifiable incidents reported to the chief executive under section 49 in relation to the operator’s pest management business. Maximum penalty—20 penalty units. s 58 amd 2023 SL No. 163 s 17

• (a) the address and contact details of each of the operator’s employees carrying out pest management activities; and
• (b) any notifiable incidents reported to the chief executive under section 49 in relation to the operator’s pest management business.

sec.59 Employee requirements about records

This section applies if an employee of a business operator is required, under this regulation, to make a record about a particular matter or give a particular record to the operator. The business operator must—. take all reasonable steps to ensure the employee complies with the requirement; and keep any record given to the operator in compliance with the requirement. Maximum penalty—20 penalty units. In this section— record means a certificate, notice, record or other document. (sec.59-ssec.1) This section applies if an employee of a business operator is required, under this regulation, to make a record about a particular matter or give a particular record to the operator. (sec.59-ssec.2) The business operator must—. take all reasonable steps to ensure the employee complies with the requirement; and keep any record given to the operator in compliance with the requirement. Maximum penalty—20 penalty units. (sec.59-ssec.3) In this section— record means a certificate, notice, record or other document.

• (a) take all reasonable steps to ensure the employee complies with the requirement; and
• (b) keep any record given to the operator in compliance with the requirement.

Managers

sec.60 Manager of place to notify attendees of advice

This section applies to the manager of a place occupied or accessible by other persons ( attendees ), whether they are residents, workers or visitors of the place. If the manager of the place receives a pre-treatment pest control advice for a pest control activity to be carried out at the place, the manager must give notice to the attendees of the matters stated in the advice as soon as practicable after receiving it. Maximum penalty—20 penalty units. If the manager of the place receives a post-treatment pest control advice for a pest control activity that has been carried out at the place, the manager must, as soon as practicable after receiving the advice— give the attendees notice of the matters stated in the advice; or make the advice available for inspection at a place, and give the attendees notice of the place where, and the times when, the attendees may inspect the advice. Maximum penalty—20 penalty units. For subsections (2) and (3) , the manager of the place may give the notice by leaving a copy of the relevant advice in a conspicuous location at the place. putting up a notice at the entrance to a building or in a lunch room In this section— manager , of a place, means a person responsible for controlling access to or managing the place, including, for example, a supervisor of a business, the owner of a building, a body corporate manager or a letting agent. (sec.60-ssec.1) This section applies to the manager of a place occupied or accessible by other persons ( attendees ), whether they are residents, workers or visitors of the place. (sec.60-ssec.2) If the manager of the place receives a pre-treatment pest control advice for a pest control activity to be carried out at the place, the manager must give notice to the attendees of the matters stated in the advice as soon as practicable after receiving it. Maximum penalty—20 penalty units. (sec.60-ssec.3) If the manager of the place receives a post-treatment pest control advice for a pest control activity that has been carried out at the place, the manager must, as soon as practicable after receiving the advice— give the attendees notice of the matters stated in the advice; or make the advice available for inspection at a place, and give the attendees notice of the place where, and the times when, the attendees may inspect the advice. Maximum penalty—20 penalty units. (sec.60-ssec.4) For subsections (2) and (3) , the manager of the place may give the notice by leaving a copy of the relevant advice in a conspicuous location at the place. putting up a notice at the entrance to a building or in a lunch room (sec.60-ssec.5) In this section— manager , of a place, means a person responsible for controlling access to or managing the place, including, for example, a supervisor of a business, the owner of a building, a body corporate manager or a letting agent.

• (a) give the attendees notice of the matters stated in the advice; or
• (b) make the advice available for inspection at a place, and give the attendees notice of the place where, and the times when, the attendees may inspect the advice.

Record keeping

sec.61 Recording information

This section applies to a person who records information in writing to comply with a requirement under this regulation. writing a clearance certificate for a fumigation activity or a pre-treatment or post-treatment pest control advice for a pest control activity The person must ensure the information— is written in English; and if the information is recorded in hard copy—is marked legibly in ink. Maximum penalty—20 penalty units. However, subsection (2) (a) — does not prevent the person also writing the information in another language to help someone understand the information; and does not apply in relation to the person’s signature. (sec.61-ssec.1) This section applies to a person who records information in writing to comply with a requirement under this regulation. writing a clearance certificate for a fumigation activity or a pre-treatment or post-treatment pest control advice for a pest control activity (sec.61-ssec.2) The person must ensure the information— is written in English; and if the information is recorded in hard copy—is marked legibly in ink. Maximum penalty—20 penalty units. (sec.61-ssec.3) However, subsection (2) (a) — does not prevent the person also writing the information in another language to help someone understand the information; and does not apply in relation to the person’s signature.

• (a) is written in English; and
• (b) if the information is recorded in hard copy—is marked legibly in ink.
• (a) does not prevent the person also writing the information in another language to help someone understand the information; and
• (b) does not apply in relation to the person’s signature.

sec.62 Keeping records

This section applies to a person if a provision of this regulation states the person is required to keep a record. The person must take all reasonable steps to ensure the record— is readily retrievable; and can not be altered, obliterated, deleted or removed without detection; and is kept for 5 years after the day it is recorded. Maximum penalty—20 penalty units. In this section— record means a certificate, notice, record or other document. (sec.62-ssec.1) This section applies to a person if a provision of this regulation states the person is required to keep a record. (sec.62-ssec.2) The person must take all reasonable steps to ensure the record— is readily retrievable; and can not be altered, obliterated, deleted or removed without detection; and is kept for 5 years after the day it is recorded. Maximum penalty—20 penalty units. (sec.62-ssec.3) In this section— record means a certificate, notice, record or other document.

• (a) is readily retrievable; and
• (b) can not be altered, obliterated, deleted or removed without detection; and
• (c) is kept for 5 years after the day it is recorded.

Miscellaneous

sec.63 Interfering with fumigation barricades or warning signs

A person must not, without the permission of a qualified person carrying out a fumigation activity— take down, remove or alter the position of a barricade erected by the person for the activity; or deface, take down, remove or alter the position of a warning sign displayed by the person for the activity. Maximum penalty—20 penalty units.

• (a) take down, remove or alter the position of a barricade erected by the person for the activity; or
• (b) deface, take down, remove or alter the position of a warning sign displayed by the person for the activity.

sec.64 Smoking prohibited

A person must not smoke tobacco or any other substance in the vicinity of a fumigation activity being carried out. Maximum penalty—20 penalty units.

Administration

Fees

sec.65 Definition for division

In this division— licensing fee means a fee for an application relating to a pest management licence stated in schedule 2 , items 1 and 3.

sec.66 Fees payable generally

The fees payable under the Act in relation to a pest management licence are stated in schedule 2 . A licensing fee for a pest management licence is payable for each year of the term of the licence. However, for any part of the term of a pest management licence that is not a full year, the licensing fee payable in relation to that part of the term is the proportion of the licensing fee attributable to the number of months, rounded up to whole months, of that year that are in the term. (sec.66-ssec.1) The fees payable under the Act in relation to a pest management licence are stated in schedule 2 . (sec.66-ssec.2) A licensing fee for a pest management licence is payable for each year of the term of the licence. (sec.66-ssec.3) However, for any part of the term of a pest management licence that is not a full year, the licensing fee payable in relation to that part of the term is the proportion of the licensing fee attributable to the number of months, rounded up to whole months, of that year that are in the term.

sec.67 Rejected or withdrawn application

This section applies if— an applicant has paid the licensing fee for an application for a pest management licence; and the application is refused by the chief executive or withdrawn by the applicant. The chief executive must refund the applicant the licensing fee for the application. (sec.67-ssec.1) This section applies if— an applicant has paid the licensing fee for an application for a pest management licence; and the application is refused by the chief executive or withdrawn by the applicant. (sec.67-ssec.2) The chief executive must refund the applicant the licensing fee for the application.

• (a) an applicant has paid the licensing fee for an application for a pest management licence; and
• (b) the application is refused by the chief executive or withdrawn by the applicant.

sec.68 Licence granted for shorter term

This section applies if— an applicant has paid the licensing fee for an application for a pest management licence for a particular term (the proposed term ); and the application is granted for a period (the granted term ) that is shorter than the proposed term. The chief executive must refund the applicant the amount that is the proportion of the paid licensing fee attributable to the number of months, rounded up to whole months, that is the difference between the proposed term and granted term. No refund is payable if the amount under subsection (2) is zero or less than zero. (sec.68-ssec.1) This section applies if— an applicant has paid the licensing fee for an application for a pest management licence for a particular term (the proposed term ); and the application is granted for a period (the granted term ) that is shorter than the proposed term. (sec.68-ssec.2) The chief executive must refund the applicant the amount that is the proportion of the paid licensing fee attributable to the number of months, rounded up to whole months, that is the difference between the proposed term and granted term. (sec.68-ssec.3) No refund is payable if the amount under subsection (2) is zero or less than zero.

• (a) an applicant has paid the licensing fee for an application for a pest management licence for a particular term (the proposed term ); and
• (b) the application is granted for a period (the granted term ) that is shorter than the proposed term.

sec.69 Surrender of licence

This section applies if— the holder of a pest management licence paid the licensing fee for an application for the licence for a particular term (the granted term ); and the pest management licence is surrendered before the end of the granted term. The chief executive must refund the applicant the amount that is the proportion of the paid licensing fee attributable to the number of months, rounded up to whole months, remaining in the granted term after the surrender. No refund is payable if the amount under subsection (2) is zero or less than zero. (sec.69-ssec.1) This section applies if— the holder of a pest management licence paid the licensing fee for an application for the licence for a particular term (the granted term ); and the pest management licence is surrendered before the end of the granted term. (sec.69-ssec.2) The chief executive must refund the applicant the amount that is the proportion of the paid licensing fee attributable to the number of months, rounded up to whole months, remaining in the granted term after the surrender. (sec.69-ssec.3) No refund is payable if the amount under subsection (2) is zero or less than zero.

• (a) the holder of a pest management licence paid the licensing fee for an application for the licence for a particular term (the granted term ); and
• (b) the pest management licence is surrendered before the end of the granted term.

Miscellaneous

sec.70 Replacing lost, stolen or damaged licences

This section applies if the chief executive has given a person a hard copy document evidencing a pest management licence. The person may apply to the chief executive for a replacement of the document if the document is lost, stolen or damaged. The application must be— made in the approved form; and accompanied by the fee stated in schedule 2 . (sec.70-ssec.1) This section applies if the chief executive has given a person a hard copy document evidencing a pest management licence. (sec.70-ssec.2) The person may apply to the chief executive for a replacement of the document if the document is lost, stolen or damaged. (sec.70-ssec.3) The application must be— made in the approved form; and accompanied by the fee stated in schedule 2 .

• (a) made in the approved form; and
• (b) accompanied by the fee stated in schedule 2 .

Savings and transitional provisions

Transitional provisions for SL No. 142 of 2021

sec.71 Particular persons approved for 1 year

This section applies to a person in relation to a pest management activity if— the Pest Management Act, immediately before its repeal, did not apply to the person carrying out the activity because of a former relevant provision; and from the commencement, the person would be a member of a relevant class of person but for the person not having a statement of attainment or the training mentioned in the description of the relevant class. Despite not having the statement of attainment or training, the person is taken to be a member of the relevant class of person until the day that is 1 year after the commencement. In this section— former relevant provision means the Pest Management Act, section 7(b), (c) or (d), as in force immediately before the repeal of that Act. Pest Management Act means the repealed Pest Management Act 2001 . relevant class of person means a class of person mentioned in schedule 1, parts 3, 5 or 8. (sec.71-ssec.1) This section applies to a person in relation to a pest management activity if— the Pest Management Act, immediately before its repeal, did not apply to the person carrying out the activity because of a former relevant provision; and from the commencement, the person would be a member of a relevant class of person but for the person not having a statement of attainment or the training mentioned in the description of the relevant class. (sec.71-ssec.2) Despite not having the statement of attainment or training, the person is taken to be a member of the relevant class of person until the day that is 1 year after the commencement. (sec.71-ssec.3) In this section— former relevant provision means the Pest Management Act, section 7(b), (c) or (d), as in force immediately before the repeal of that Act. Pest Management Act means the repealed Pest Management Act 2001 . relevant class of person means a class of person mentioned in schedule 1, parts 3, 5 or 8.

• (a) the Pest Management Act, immediately before its repeal, did not apply to the person carrying out the activity because of a former relevant provision; and
• (b) from the commencement, the person would be a member of a relevant class of person but for the person not having a statement of attainment or the training mentioned in the description of the relevant class.

sec.72 Existing pest control advices

This section applies in relation to a pest control advice under the repealed Pest Management Regulation 2003 , section 13 if— the advice was given by a licensed technician to a person for a pest control activity before the commencement; and the pest control activity was not completed immediately before the commencement. The licensed technician is taken to have satisfied both of the following conditions in relation to carrying out the pest control activity— the condition mentioned in section 13 for giving a pre-treatment pest control advice; the condition mentioned in section 15 for giving a post-treatment pest control advice. (sec.72-ssec.1) This section applies in relation to a pest control advice under the repealed Pest Management Regulation 2003 , section 13 if— the advice was given by a licensed technician to a person for a pest control activity before the commencement; and the pest control activity was not completed immediately before the commencement. (sec.72-ssec.2) The licensed technician is taken to have satisfied both of the following conditions in relation to carrying out the pest control activity— the condition mentioned in section 13 for giving a pre-treatment pest control advice; the condition mentioned in section 15 for giving a post-treatment pest control advice.

• (a) the advice was given by a licensed technician to a person for a pest control activity before the commencement; and
• (b) the pest control activity was not completed immediately before the commencement.
• (a) the condition mentioned in section 13 for giving a pre-treatment pest control advice;
• (b) the condition mentioned in section 15 for giving a post-treatment pest control advice.

Transitional provision for Medicines and Poisons (Pest Management Activities) Amendment Regulation 2023

sec.73 Existing activity risk management plans

This section applies if— before the commencement, an activity risk management plan was prepared— that complied with former section 19 for a pest control activity; or that complied with former section 24 for a fumigation activity; and immediately before the commencement, the activity had not been carried out. The activity risk management plan is— if the plan was for a pest control activity—taken to be an activity risk management plan that complies with new sections 18 and 19; or if the plan was for a fumigation activity—taken to be an activity risk management plan that complies with new sections 23 and 24. In this section— former , for a provision of this regulation, means the section as in force immediately before the commencement. new , for a provision of this regulation, means the section as in force from the commencement. s 73 ins 2023 SL No. 163 s 19 (sec.73-ssec.1) This section applies if— before the commencement, an activity risk management plan was prepared— that complied with former section 19 for a pest control activity; or that complied with former section 24 for a fumigation activity; and immediately before the commencement, the activity had not been carried out. (sec.73-ssec.2) The activity risk management plan is— if the plan was for a pest control activity—taken to be an activity risk management plan that complies with new sections 18 and 19; or if the plan was for a fumigation activity—taken to be an activity risk management plan that complies with new sections 23 and 24. (sec.73-ssec.3) In this section— former , for a provision of this regulation, means the section as in force immediately before the commencement. new , for a provision of this regulation, means the section as in force from the commencement.

• (a) before the commencement, an activity risk management plan was prepared— (i) that complied with former section 19 for a pest control activity; or (ii) that complied with former section 24 for a fumigation activity; and
• (i) that complied with former section 19 for a pest control activity; or
• (ii) that complied with former section 24 for a fumigation activity; and
• (b) immediately before the commencement, the activity had not been carried out.
• (i) that complied with former section 19 for a pest control activity; or
• (ii) that complied with former section 24 for a fumigation activity; and
• (a) if the plan was for a pest control activity—taken to be an activity risk management plan that complies with new sections 18 and 19; or
• (b) if the plan was for a fumigation activity—taken to be an activity risk management plan that complies with new sections 23 and 24.

sec.74 Particular licensed technicians taken to hold competency for 1 year

This section applies to a licensed technician who— immediately before the commencement, held a licence stating the technician was authorised to carry out a pest control activity for a customer at a high-risk or sensitive place; and from the commencement, does not have the statement of attainment or training mentioned in section 18(2) or 20A. The licensed technician is taken to hold the competency required under the section until the day that is 1 year after the commencement. s 74 ins 2023 SL No. 163 s 19 (sec.74-ssec.1) This section applies to a licensed technician who— immediately before the commencement, held a licence stating the technician was authorised to carry out a pest control activity for a customer at a high-risk or sensitive place; and from the commencement, does not have the statement of attainment or training mentioned in section 18(2) or 20A. (sec.74-ssec.2) The licensed technician is taken to hold the competency required under the section until the day that is 1 year after the commencement.

• (a) immediately before the commencement, held a licence stating the technician was authorised to carry out a pest control activity for a customer at a high-risk or sensitive place; and
• (b) from the commencement, does not have the statement of attainment or training mentioned in section 18(2) or 20A.

Aerial distributors

Commercial pilots

sch.1-sec.1 Class of person

A person who— holds a commercial pilot licence issued by CASA that is endorsed with an aerial application rating; and holds, or is employed by the holder of, an air operator’s certificate issued by CASA that is endorsed with an aerial application rating; and has spraysafe accreditation issued by the Aerial Application Association of Australia Limited; and is employed to aerially distribute a pesticide.

• (a) holds a commercial pilot licence issued by CASA that is endorsed with an aerial application rating; and
• (b) holds, or is employed by the holder of, an air operator’s certificate issued by CASA that is endorsed with an aerial application rating; and
• (c) has spraysafe accreditation issued by the Aerial Application Association of Australia Limited; and
• (d) is employed to aerially distribute a pesticide.

sch.1-sec.2 Pest management activity authorised

Column 1 Pest management activity Column 2 Fumigant or pesticide Column 3 Scope of activity 1 a pest control activity a pesticide the pest control activity is carried out by aerial distribution

Operators of remotely operated aircraft

sch.1-sec.3 Class of person

A person who— holds a remote pilot licence issued by CASA; and holds, or is employed by the holder of, a remotely piloted aircraft operator’s certificate issued by CASA; and has either— a statement of attainment stating the person has successfully completed the core pesticide competencies; or spraysafe accreditation issued by the Aerial Application Association of Australia Limited; and is employed to aerially distribute a pesticide.

• (a) holds a remote pilot licence issued by CASA; and
• (b) holds, or is employed by the holder of, a remotely piloted aircraft operator’s certificate issued by CASA; and
• (c) has either— (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or (ii) spraysafe accreditation issued by the Aerial Application Association of Australia Limited; and
• (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or
• (ii) spraysafe accreditation issued by the Aerial Application Association of Australia Limited; and
• (d) is employed to aerially distribute a pesticide.
• (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or
• (ii) spraysafe accreditation issued by the Aerial Application Association of Australia Limited; and

sch.1-sec.4 Pest management activity authorised

Column 1 Pest management activity Column 2 Fumigant or pesticide Column 3 Scope of activity 1 a pest control activity a pesticide the pest control activity is carried out by aerial distribution

Ground distributors

sch.1-sec.5 Class of person

A person who— holds a commercial operator’s licence granted under the Agricultural Chemicals Distribution Control Act 1966 ; and holds, or is employed by the holder of— an aerial distribution contractor licence granted under the Agricultural Chemicals Distribution Control Act 1966 ; or a ground distribution contractor’s licence granted under the Agricultural Chemicals Distribution Control Act 1966 ; and is employed to distribute a pesticide with ground equipment on land used for agricultural or horticultural purposes.

• (a) holds a commercial operator’s licence granted under the Agricultural Chemicals Distribution Control Act 1966 ; and
• (b) holds, or is employed by the holder of— (i) an aerial distribution contractor licence granted under the Agricultural Chemicals Distribution Control Act 1966 ; or (ii) a ground distribution contractor’s licence granted under the Agricultural Chemicals Distribution Control Act 1966 ; and
• (i) an aerial distribution contractor licence granted under the Agricultural Chemicals Distribution Control Act 1966 ; or
• (ii) a ground distribution contractor’s licence granted under the Agricultural Chemicals Distribution Control Act 1966 ; and
• (c) is employed to distribute a pesticide with ground equipment on land used for agricultural or horticultural purposes.
• (i) an aerial distribution contractor licence granted under the Agricultural Chemicals Distribution Control Act 1966 ; or
• (ii) a ground distribution contractor’s licence granted under the Agricultural Chemicals Distribution Control Act 1966 ; and

sch.1-sec.6 Pest management activity authorised

Column 1 Pest management activity Column 2 Fumigant or pesticide Column 3 Scope of activity 1 a pest control activity a pesticide the pest control activity is carried out by ground distribution on land used for agricultural or horticultural purposes

Commercial animal business operators and employees

Business operators

sch.1-sec.7 Class of person

A person who— has— a statement of attainment stating the person has successfully completed the core pesticide competencies; or a statement of attainment stating the person has successfully completed the supervised pesticide competency; or successfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and is operating a business to treat pests on commercial animals.

• (a) has— (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or (ii) a statement of attainment stating the person has successfully completed the supervised pesticide competency; or (iii) successfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and
• (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or
• (ii) a statement of attainment stating the person has successfully completed the supervised pesticide competency; or
• (iii) successfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and
• (b) is operating a business to treat pests on commercial animals.
• (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or
• (ii) a statement of attainment stating the person has successfully completed the supervised pesticide competency; or
• (iii) successfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and

sch.1-sec.8 Pest management activity authorised

Column 1 Pest management activity Column 2 Fumigant or pesticide Column 3 Scope of activity 1 a pest control activity a pesticide the pest control activity is carried out to treat pests on a commercial animal; and if the person is in the class because of the supervised pesticide competency or equivalent training—the pest control activity is carried out under the supervision of a licensed technician

Employees

sch.1-sec.9 Class of person

A person who— has— a statement of attainment stating the person has successfully completed the core pesticide competencies; or a statement of attainment stating the person has successfully completed the supervised pesticide competency; or successfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and is employed by another person operating a business to treat pests on commercial animals.

• (a) has— (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or (ii) a statement of attainment stating the person has successfully completed the supervised pesticide competency; or (iii) successfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and
• (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or
• (ii) a statement of attainment stating the person has successfully completed the supervised pesticide competency; or
• (iii) successfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and
• (b) is employed by another person operating a business to treat pests on commercial animals.
• (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or
• (ii) a statement of attainment stating the person has successfully completed the supervised pesticide competency; or
• (iii) successfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and

sch.1-sec.10 Pest management activity authorised

Column 1 Pest management activity Column 2 Fumigant or pesticide Column 3 Scope of activity 1 a pest control activity a pesticide the pest control activity is carried out to treat pests on a commercial animal; and if the person is in the class because of the supervised pesticide competency or equivalent training—the pest control activity is carried out under the supervision of a licensed technician

Domestic animal business operators and employees

Business operators

sch.1-sec.11 Class of person

A person who is operating a business to care for domestic animals.

sch.1-sec.12 Pest management activity authorised

Column 1 Pest management activity Column 2 Fumigant or pesticide Column 3 Scope of activity 1 a pest control activity a pesticide, other than an S7 substance the pest control activity is carried out to treat pests on a domestic animal

Employees

sch.1-sec.13 Class of person

A person who is employed by another person operating a business to care for domestic animals.

sch.1-sec.14 Pest management activity authorised

Column 1 Pest management activity Column 2 Fumigant or pesticide Column 3 Scope of activity 1 a pest control activity a pesticide, other than an S7 substance the pest control activity is carried out to treat pests on a domestic animal

Food product treatment business operators and employees

Business operators

sch.1-sec.15 Class of person

A person who— has— a statement of attainment stating the person has successfully completed the core pesticide competencies; or a statement of attainment stating the person has successfully completed the supervised pesticide competency; or successfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and is operating a business to treat pests on food products.

• (a) has— (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or (ii) a statement of attainment stating the person has successfully completed the supervised pesticide competency; or (iii) successfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and
• (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or
• (ii) a statement of attainment stating the person has successfully completed the supervised pesticide competency; or
• (iii) successfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and
• (b) is operating a business to treat pests on food products.
• (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or
• (ii) a statement of attainment stating the person has successfully completed the supervised pesticide competency; or
• (iii) successfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and

sch.1-sec.16 Pest management activity authorised

Column 1 Pest management activity Column 2 Fumigant or pesticide Column 3 Scope of activity 1 a pest control activity a pesticide the pest control activity is carried out to treat a food product— after the product has been harvested; and before the product is moved to another place for further processing or storage; and if the person is in the class because of the supervised pesticide competency or equivalent training—under the supervision of a licensed technician the pest control activity is carried out to treat grains or seeds— at the place where the grains or seeds are used for the manufacture of food intended for consumption by animals; and if the person is in the class because of the supervised pesticide competency or equivalent training—under the supervision of a licensed technician

Employees

sch.1-sec.17 Class of person

A person who— has— a statement of attainment stating the person has successfully completed the core pesticide competencies; or a statement of attainment stating the person has successfully completed the supervised pesticide competency; or successfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and is employed by another person operating a business to treat pests on food products.

• (a) has— (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or (ii) a statement of attainment stating the person has successfully completed the supervised pesticide competency; or (iii) successfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and
• (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or
• (ii) a statement of attainment stating the person has successfully completed the supervised pesticide competency; or
• (iii) successfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and
• (b) is employed by another person operating a business to treat pests on food products.
• (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or
• (ii) a statement of attainment stating the person has successfully completed the supervised pesticide competency; or
• (iii) successfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and

sch.1-sec.18 Pest management activity authorised

Column 1 Pest management activity Column 2 Fumigant or pesticide Column 3 Scope of activity 1 a pest control activity a pesticide the pest control activity is carried out to treat a food product— after the product has been harvested; and before the product is moved to another place for further processing or storage; and if the person is in the class because of the supervised pesticide competency or equivalent training—under the supervision of a licensed technician the pest control activity is carried out to treat grains or seeds— at the place where the grains or seeds are used for the manufacture of food intended for consumption by animals; and if the person is in the class because of the supervised pesticide competency or equivalent training—under the supervision of a licensed technician

State officers and assistants

Biosecurity officers

sch.1-sec.19 Class of person

An authorised officer under the Biosecurity Act 2014 . sch 1 s 19 sub 2023 SL No. 163 s 20 (3)

sch.1-sec.20 Pest management activity authorised

Column 1 Pest management activity Column 2 Fumigant or pesticide Column 3 Scope of activity 1 a pest control activity a pesticide, other than an S7 substance the pest control activity is carried out for biosecurity matter that is a pest sch 1 s 20 sub 2023 SL No. 163 s 20 (3)

Assistants to biosecurity officers

sch.1-sec.20A Class of person

A person who is directed by, or is helping, an authorised officer under the Biosecurity Act 2014 to treat or destroy biosecurity matter that is a pest. sch 1 s 20A ins 2023 SL No. 163 s 20 (3)

sch.1-sec.20B Pest management activity authorised

Column 1 Pest management activity Column 2 Fumigant or pesticide Column 3 Scope of activity 1 a pest control activity a pesticide, other than an S7 substance the pest control activity is carried out for the biosecurity matter— if the person is subject to a direction—in accordance with the direction; or if the person is helping an authorised officer—in the way agreed sch 1 s 20B ins 2023 SL No. 163 s 20 (3)

Public health officers

sch.1-sec.21 Class of person

An authorised person under the Public Health Act 2005 who is authorised to take action in relation to a designated pest to which a prevention and control program under that Act relates.

sch.1-sec.22 Pest management activities authorised

Column 1 Pest management activities Column 2 Fumigants or pesticides Column 3 Scope of activity 1 a pest control activity that is applying a briquette a pesticide that is briquette containing not more than 18 grams of (S)-methoprene for each kilogram of briquette as the only active constituent the pest control activity is carried out under the prevention and control program for treating a designated pest that is a vector mosquito 2 a pest control activity that is applying a pellet a pesticide that is a pellet containing not more than 40 grams of (S)-methoprene for each kilogram of pellet as the only active constituent the pest control activity is carried out under the prevention and control program for treating a designated pest that is a vector mosquito 3 a pest control activity that is setting an ovitrap a pesticide that is an approved ovitrap the pest control activity is carried out under the prevention and control program for treating a designated pest that is a vector mosquito

Teachers

sch.1-sec.23 Class of person

A person who— has a diploma or equivalent in relation to pest management or agricultural studies; and is teaching a course about pest management at a secondary school or tertiary institution.

• (a) has a diploma or equivalent in relation to pest management or agricultural studies; and
• (b) is teaching a course about pest management at a secondary school or tertiary institution.

sch.1-sec.24 Pest management activity authorised

Column 1 Pest management activity Column 2 Fumigant or pesticide Column 3 Scope of activity 1 a pest management activity a fumigant or pesticide the pest management activity is carried out for teaching the course

Timber infrastructure contractors

sch.1-sec.25 Class of person

A person who— has— a statement of attainment stating the person has successfully completed the core pesticide competencies; or a statement of attainment stating the person has successfully completed the applying pesticides competency; or successfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and is employed to treat timber infrastructure for pests.

• (a) has— (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or (ii) a statement of attainment stating the person has successfully completed the applying pesticides competency; or (iii) successfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and
• (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or
• (ii) a statement of attainment stating the person has successfully completed the applying pesticides competency; or
• (iii) successfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and
• (b) is employed to treat timber infrastructure for pests.
• (i) a statement of attainment stating the person has successfully completed the core pesticide competencies; or
• (ii) a statement of attainment stating the person has successfully completed the applying pesticides competency; or
• (iii) successfully completed training, approved by the chief executive, that is substantially equivalent to the competencies mentioned in subparagraph (i) or (ii) ; and

sch.1-sec.26 Pest management activities authorised

Column 1 Pest management activity Column 2 Fumigant or pesticide Column 3 Scope of activity 1 a pest control activity a pesticide the pest control activity is carried out to treat timber infrastructure for pests

Trainees

Pest management trainees

sch.1-sec.27 Class of person

A person who is undertaking a course about pest management that would enable the person to obtain a qualification in pest management.

sch.1-sec.28 Pest management activities authorised

Column 1 Pest management activity Column 2 Fumigant or pesticide Column 3 Scope of activity 1 a pest management activity a fumigant or pesticide the pest management activity is carried out under the supervision of a licensed technician, or an approved person mentioned in part 7 , authorised under the Act to carry out the activity with the fumigant or pesticide sch 1 s 28 amd 2023 SL No. 163 s 20 (5)

Other trainees

sch.1-sec.29 Class of person

A person who is— undertaking training to become a member of a class of persons mentioned in parts 1 to 3 , 5 , 7 , 8 or part 11 , division 1 (the trainee’s class ); and employed in the same way, or practising the same profession, as described in the trainee’s class.

• (a) undertaking training to become a member of a class of persons mentioned in parts 1 to 3 , 5 , 7 , 8 or part 11 , division 1 (the trainee’s class ); and
• (b) employed in the same way, or practising the same profession, as described in the trainee’s class.

sch.1-sec.30 Pest management activity authorised

Column 1 Pest management activity Column 2 Fumigant or pesticide Column 3 Scope of activity 1 a pest management activity mentioned in the table for the trainee’s class a fumigant or pesticide mentioned in the table for the pest management activity for the trainee’s class the pest management activity is carried out under the supervision of a person authorised under the Act to carry out the activity with the fumigant or pesticide

QBCC licensees for termite management

Licensees

sch.1-sec.31 Class of person

A person who— holds a QBCC licence of the termite management class; and is employed to construct, extend or renovate a building or other structure.

• (a) holds a QBCC licence of the termite management class; and
• (b) is employed to construct, extend or renovate a building or other structure.

sch.1-sec.32 Pest management activity authorised

Column 1 Pest management activity Column 2 Fumigant or pesticide Column 3 Scope of activity 1 a pest control activity that is installing a physical termite barrier a pesticide that is termite barrier sheet material the pest control activity is carried out during the construction, extension or renovation of a building or other structure

Persons supervised by licensees

sch.1-sec.33 Class of person

A person who is— supervised by a person holding a QBCC licence of the termite management class; and employed to construct, extend or renovate a building or other structure.

• (a) supervised by a person holding a QBCC licence of the termite management class; and
• (b) employed to construct, extend or renovate a building or other structure.

sch.1-sec.34 Pest management activity authorised

Column 1 Pest management activity Column 2 Fumigant or pesticide Column 3 Scope of activity 1 a pest control activity that is installing a physical termite barrier a pesticide that is termite barrier sheet material the pest control activity is carried out during the construction, extension or renovation of a building or other structure

Veterinary professions

Veterinary surgeons

sch.1-sec.35 Class of person

A veterinary surgeon.

sch.1-sec.36 Pest management activity authorised

Column 1 Pest management activity Column 2 Fumigant or pesticide Column 3 Scope of activity 1 a pest control activity a pesticide the pest control activity is carried out for treating a pest on an animal

Veterinary assistants

sch.1-sec.37 Class of person

A person employed by, or volunteering to assist, a veterinary surgeon.

sch.1-sec.38 Pest management activity authorised

Column 1 Pest management activity Column 2 Fumigant or pesticide Column 3 Scope of activity 1 a pest control activity a pesticide, other than an S7 substance the pest control activity is carried out for treating a pest on an animal