35Pesticides used for commercial, agricultural or occupational purposes

#### 35 Pesticides used for commercial, agricultural or occupational purposes 35 Pesticides used for commercial, agricultural or occupational purposes > > (1) A person must cause a record to be made, in accordance with this Part, that relates to each occasion on which the person uses a pesticide— > > > > > (a) in the course of carrying on a business involving the use of pesticides (regardless of whether that use is the primary purpose of the business concerned), or > > > > > (b) in the course of acting as, or for or on behalf of, the landlord of any premises, or > > > > > (c) in the course of carrying out fumigation work, ground applicator work, pest management technician work or timber pest management technician work for fee or reward, or > > > > > (d) in the course of acting for or on behalf of a public authority, or > > > > > (e) in the course of carrying out pest control operations on a golf course, sporting field or bowling green, or > > > > > (f) while treating livestock for ectoparasites by means of a dip bath or by the use of powered spray equipment that is not hand-held, or > > > > > (g) while treating harvested horticultural crops (being fruit, vegetables, flowers, nuts and herbs) by means of a dip bath, or > > > > > (h) while using any spray equipment to apply a pesticide for horticultural purposes (including the spraying of fallow crop land), but not if— > > > > > > > (i) the application consists of spot spraying that is confined to a small and restricted area on or within a tree crop, and > > > > > > > (ii) the pesticide is applied by hand-held and hand-powered equipment only, and > > > > > > > (iii) the pesticide is applied no closer than 20 metres to a property boundary, or > > > > > (i) while using any powered spray equipment to spray crops, fallow crop land or trees in a plantation (including in or around such trees), or > > > > > (j) while using powered spray equipment that is mounted on or attached to a vehicle and is not hand-held, or > > > > > (k) while applying baits to control vertebrate pests (other than baits that are used to control rodents in or around buildings used as part of agricultural 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— > > > > > (a) if the use of the pesticide is in public baths or in any swimming pool or spa, or > > > > > (b) if the use of the pesticide is an exempt domestic like use of pesticide, but not if the pesticide is used in the course of pest management technician work or timber pest management technician work and is of a kind that is ordinarily used in the course of such work, or > > > > > (c) if a record of the use of the pesticide is required to be kept under clause 26 (Records of aerial application of pesticides). > > > (3) If a pesticide is being applied by a person on behalf of a public authority by hand or hand-held applicator under the supervision or direction of a supervisor who has responsibility for the operations, the supervisor is taken to be the person using the pesticide for the purposes of subclause (1). > > **cl 35:** Am 2021 (694), Sch 2\[16\] \[17\].