12Possession of unregistered pesticide

12 Possession of unregistered pesticide

12 Possession of unregistered pesticide

(1) A person must not possess an unregistered pesticide unless the person—

(a) is authorised to do so by a permit, and

(b) complies with the permit.

Maximum penalty—

(a) $120,000 in the case of a corporation, or

(b) $60,000 in the case of an individual.

Note.

The effect of a permit is explained in the note to section 6. This offence is an “eligible law” for the purposes of Part 7 of the Agvet Code.

An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 112.

(2) A person does not commit an offence against subsection (1) if—

(a) the person possesses an unregistered pesticide that is a reserved chemical product, and

(b) the pesticide is possessed in accordance with the conditions specified for the reserved chemical product by the Reserved Schedule.

s 12: Am 2012 No 97, Sch 1.31 [6]; 2015 No 3, Sch 1.2 [7].