42Defective equipment

#### 42 Defective equipment 42 Defective equipment > > (1) This section applies where an authorised officer is of the opinion that any equipment being used in the application of a pesticide is defective to such an extent that, were it to be used, a breach of this Act might reasonably be expected to occur. > > > (2) The authorised officer may, by notice in writing given to such person as appears to the authorised officer to have possession for the time being of the defective equipment, direct the person to cease using the equipment until— > > > > > (a) such time as the equipment is repaired or serviced in accordance with the notice, or > > > > > (b) such time as any other requirement specified in the notice is carried out, or > > > > > (c) such other time as is specified in the notice. > > > (3) A notice given under this section may be revoked or varied by an authorised officer by further notice in writing given to the person. > > > (4) If a notice is given under this section in respect of any equipment, a person must not use the equipment in contravention of the notice. > > > > Maximum penalty— > > > > > (a) $120,000 in the case of a corporation, or > > > > > (b) $60,000 in the case of an individual. > > > > Note. > > > > An offence against subsection (4) 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. > > > (5) If an authorised officer has given a notice under this section in respect of any equipment, the authorised officer may affix to the equipment a notice (a defect notice) to the effect that the equipment is defective and must not be used. > > > (6) A person (other than an authorised officer or person acting with the authority of such an officer) who removes a defect notice, or who obliterates or interferes with a defect notice, is guilty of an offence. > > > > Maximum penalty—$60,000. > > **s 42:** Am 2012 No 97, Sch 1.31 \[15\].