38Making of pesticide control order

#### 38 Making of pesticide control order 38 Making of pesticide control order > > (1) The Environment Protection Authority may make a pesticide control order. > > > > Note. > > > > Section 43 (2) of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) provides that if an Act confers a power on any person or body to make an order (whether or not the order must be in writing), the power includes power to amend or repeal any order made in the exercise of that power. > > > (2) A pesticide control order may be made— > > > > > (a) for any purpose relating to the protection of public health, property, the environment or trade, or > > > > > (b) in order to implement a decision or policy of the APVMA in relation to any pesticide. > > > (3) A pesticide control order has no effect unless it is published in the Gazette. > > > (4) A pesticide control order takes effect on and from the date specified in the order (being a date that is not earlier than the date the order is published in the Gazette). > > > (5) The Environment Protection Authority is to cause a pesticide control order to be published in such manner as the Authority thinks appropriate. > > > (5A) A pesticide control order may refer to or incorporate, with or without modification, a standard or other document prepared or published by a body specified in the order, as in force at a particular time or from time to time. > > > (5B) (Repealed) > > > (6) In this section— > > > > APVMA has the same meaning as it has in [Agricultural and Veterinary Chemicals (New South Wales) Act 1994](/view/html/inforce/current/act-1994-053). > > **s 38:** Am 2000 No 53, Sch 1.19 \[1\]; 2015 No 3, Sch 1.3 \[4\] \[5\]; 2018 No 25, Sch 2.23; 2022 No 3, Sch 3\[2\]–\[4\]; 2023 No 7, Sch 1.15\[1\] \[2\].