15Using pesticide contrary to approved label

#### 15 Using pesticide contrary to approved label 15 Using pesticide contrary to approved label > > (1) A person must not use a registered pesticide in contravention of any instruction on an approved label for the 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 subsection (1) 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) If a registered pesticide is mixed with any other substance, the requirement under subsection (1) in relation to the pesticide is not affected. > > > > Note. > > > > The mixing of a registered pesticide with another substance still means that the relevant instructions on the approved label for the pesticide must be followed. > > > (3) Defences It is a defence in any proceedings against a person for an offence under subsection (1) if the person establishes that— > > > > > (a) (Repealed) > > > > > (b) the person complied with the relevant instructions on an approved label for the pesticide (being an approved label that was, at the time of the alleged offence, affixed or attached to, or appeared on, the container for the pesticide that was used), or > > > > > (c) the person— > > > > > > > (i) used the pesticide at a concentration or rate lower than that specified in the instructions on an approved label for the pesticide (provided any such lower concentration or rate was not prohibited by the instructions or by any pesticide control order), and > > > > > > > (ii) otherwise complied with the relevant instructions on the approved label. > > > (4) For the purposes of subsection (3), a relevant instruction means an instruction that relates to any of the following matters— > > > > > (a) any restriction (however expressed) as to the use of the pesticide (for example a direction not to use the pesticide for any purpose, or in any manner, contrary to the approved label unless authorised by law), > > > > > (b) the situation in which the use of the pesticide is permitted (for example the type of crop), > > > > > (c) the pest to be controlled by the pesticide, > > > > > (d) the rate, concentration, frequency or timing, number, volume, or other similar limitation, in respect of which the pesticide may or may not be used, > > > > > (e) the equipment by means of which the pesticide may be used, > > > > > (f) the preparation and mixing of the pesticide, > > > > > (g) withholding periods, > > > > > (h) any restraints on the use of the pesticide (for example weather conditions, entry to treated areas, distance restrictions), > > > > > (i) the protection of livestock, crops, wildlife, non-target animals or non-target plants, fish or other aquatic life, > > > > > (j) the protection of the environment, > > > > > (k) avoidance of spray drift, vapour movement and odour, > > > > > (l) storing or disposal of the pesticide, > > > > > (m) safety directions and other human-health related matters, > > > > > (n) record keeping, training and notification requirements, > > > > > (o) expiry dates or dates in which use is permitted, > > > > > (p) times during the day when use of the pesticide is permitted, > > > > > (q) any other matter that may be prescribed by the regulations. > > **s 15:** Am 2002 No 53, Sch 1.21 \[1\] \[2\]; 2012 No 97, Sch 1.31 \[9\].