32Person must not use pesticide unless qualified

#### 32 Person must not use pesticide unless qualified 32 Person must not use pesticide unless qualified > > (1) A person must not use, or employ or engage a person to use, a pesticide in any of the following circumstances unless the person using the pesticide is qualified to use the pesticide— > > > > > (a) in the course of carrying on, or working in, a business, educational institution or hospital (whether as principal, contractor or employee, and regardless of whether, in the case of a business, the use of pesticides is a purpose of the business concerned), > > > > > (b) in the course of acting as, or for or on behalf of, the landlord of any premises, > > > > > (c) in the course of acting for or on behalf of a public authority, > > > > > (d) in the course of carrying out pest control operations on a golf course, sporting field or bowling green, > > > > > (e) in connection with any agricultural operations (including farming, horticultural or aquacultural operations) or forestry operations. > > > > Maximum penalty— > > > > > (a) in the case of a corporation—400 penalty units, or > > > > > (b) in the case of an individual—200 penalty units. > > > (2) Subclause (1) does not apply in any of the following circumstances— > > > > > (a) if the person is carrying out prescribed pesticide work in circumstances in which the person is exempted from the requirement to hold a licence to carry out that work, > > > > > > Note. > > > > > > See Division 3 of Part 2. > > > > > (b) if the pesticide is being used in public baths or in any swimming pool or spa, > > > > > (c) if the use of the pesticide by the person is an exempt domestic like use of pesticide, > > > > > (d) if the pesticide is anti-fouling pesticide that is contained in a paint that is being applied by the person, > > > > > (e) if the pesticide is used in connection with agricultural operations or forestry operations and the person used the pesticide— > > > > > > > (i) by means of hand-held and hand-powered equipment, and > > > > > > > (ii) on no more than 12 days in the previous 12 months (excluding any use to which paragraph (c) applies), and > > > > > > > (iii) under the direct supervision of a supervisor who was qualified to use the pesticide and who selected and prepared the pesticide, tested and calibrated the equipment before it was used, and instructed the person in how to apply the pesticide.