31Persons qualified to use pesticides

#### 31 Persons qualified to use pesticides 31 Persons qualified to use pesticides > > (1) In this Part, a person is qualified to use a pesticide if the person holds any one or more of the following— > > > > > (a) a licence under the Act, > > > > > (b) a recognised qualification that was issued to the person within the last 5 years, > > > > > (c) a recognised qualification that was issued to the person other than within the last 5 years if, within the last 5 years, the person— > > > > > > > (i) has participated in a quality assurance or stewardship program relating to the use of pesticides, being a program approved by the Environment Protection Authority by notice published in the Gazette, and > > > > > > > (ii) has complied with any conditions required by the notice in relation to that program, > > > > > (d) if the pesticide is the subject of a pesticide control order that authorises the use of the pesticide by persons who hold specified qualifications—those qualifications, > > > > > (e) if the use of the pesticide is loading or mixing pesticide for the purposes of aerial applicator pilot work—a certificate of completion for the Spraysafe Loader/Mixer Program issued by the Aerial Application Association of Australia. > > > (2) In this clause— > > > > recognised qualification means a certificate of completion or statement of attainment on completion of a course of study with respect to the use of pesticides— > > > > > (a) by a registered training organisation in accordance with the Australian Qualifications Framework (within the meaning of section 7 of the [Higher Education Act 2001](/view/html/inforce/current/act-2001-102)), and > > > > > (b) in recognition of the person’s satisfactory achievement of specified units of competency or parts of units of competency (being units of competency, or parts of units of competency, that, at the time the prescribed qualification is issued, are approved by the Environment Protection Authority in accordance with Schedule 2).