This law tightly regulates possession, sale, supply and use of veterinary “stock medicines,” especially for food‑producing animals: unregistered products or use contrary to labels is generally prohibited, with narrow authorisations for veterinarians and record‑keeping and written‑instruction duties where departures occur. It imposes withholding‑period and information duties on owners/sellers, grants the Secretary powers to ban/recall/require marking, and aligns enforcement with Biosecurity Act officers. It matters for food‑safety, trade compliance and practitioner/producer liability and costs.
This Act creates a statutory framework for controlling the possession, supply, advertising and use of veterinary chemical products (stock medicines) in New South Wales. It does so by defining the products and actors, setting criminal offences for unauthorised possession, improper use and mis-selling, authorising limited departures from label instructions in narrowly prescribed circumstances, imposing obligations on veterinary practitioners to provide written instructions and keep records, empowering the Secretary to make supply/use bans and recall orders, and establishing penalties and enforcement mechanisms including forfeiture and cost recovery for analysis. Key cross-references are to the Agvet Code (which supplies definitions and registration status), the Biosecurity Act 2015 (which supplies powers of authorised officers and permit machinery), the Poisons and Therapeutic Goods Act 1966 and the Therapeutic Goods Act 1989 (registration and supply regimes), and the Food Act 2003/Food Standards Code (residue standards the Act seeks to protect).
Mechanically, the Act:
Defines stock medicine and related concepts (s 3, s 3A; use instructions at s 4). The definition of stock medicine adopts the Agvet Code definition of veterinary chemical product, and specifically includes substances compounded by pharmacists or veterinary practitioners (s 3A(1)-(2)).
Prohibits possession of unregistered stock medicines except in limited professional circumstances (s 37), and prohibits use of unregistered stock medicines on food producing species (s 38).
Prohibits using a registered stock medicine contrary to the use instructions on the label (s 39), with specified statutory defences and exceptions (ss 39A-39B).
Authorises veterinary practitioners (s 39A) and non-veterinary persons acting under veterinary instructions (s 39B) to use unregistered medicines or to vary use instructions in specific, enumerated circumstances, including limited exemptions for treatment of individual animals and use under permit or order (s 39A(3)).
Current sections
Direct links to the current provisions in Stock Medicines Act 1989.
This Act commences on a day or days to be appointed by proclamation.
2A
Primary objects of Act
2A Primary objects of Act
2A Primary objects of Act
The primary objects of this Act are as follows—
(a) to protect human health by intervening early in the agricultural production process, in particular, to ensure that illegal or unsafe levels of chemical residues do not transfer to the human food chain by their excessive presence in food producing animals,
(b) to facilitate international trade by supporting initiatives to ensure that livestock and meat products destined for export markets comply with the chemical residue requirements of international trading partners,
(c) to protect the welfare of animals treated with stock medicines.
This Act is to be read in conjunction with the Biosecurity Act 2015, which provides for the powers of authorised officers in connection with this Act and for other administrative matters in connection with this Act.
food producing species means stock that produces food for human consumption or is used as food for human beings, and includes—
(a) any buffalo, cattle, deer, fish (other than ornamental fish), goat, kangaroo, pig, poultry, rabbit, sheep, bee, crustacean or mollusc, or
(b) any other type or species of stock prescribed by the regulations for the purposes of this definition.
Note.
The definition of food producing species is modelled on the definition in the Agvet Code.
major food producing species means—
(a) cattle, sheep, pigs or chickens, or
(b) any other type or species of stock prescribed by the regulations for the purposes of this definition.
package includes anything in or by which any stock medicine is covered, enclosed, contained or packed.
permit means a permit under Part 21 of the Biosecurity Act 2015 that is in force.
pest has the same meaning as in the Agvet Code.
prescribe, in relation to a stock medicine, means the giving by a veterinary practitioner of a written instruction to a person for the supply to that person of the stock medicine (or the supply of stock food treated with the stock medicine)—
registered human pharmaceutical means a therapeutic good (as defined in the Therapeutic Goods Act 1989 of the Commonwealth) that is listed or registered in the Australian Register of Therapeutic Goods maintained under that Act.
registered stock medicine means a stock medicine that has registration under the Agvet Code.
relevant withholding period, in relation to a stock medicine, means—
(a) the withholding period (if any) specified under section 39D by the veterinary practitioner who prescribed or supplied the stock medicine for the treatment of the stock, or
(b) if paragraph (a) does not apply, the withholding period specified in the use instructions.
Secretary means the Secretary of Regional NSW.
sell includes do, or cause or permit the doing of, any of the following—
(a) expose for sale,
(b) send or deliver for sale or on sale,
(c) dispose of under a hire purchase agreement,
(d) exchange,
(e) offer to do an act that would be a sale (including an act referred to in any of the above paragraphs),
and, for example, includes supply under a contract for work or labour that also involves the supply of any thing.
stock has the same meaning as animal in the Agvet Code.
stock medicine—see section 3A.
substance has the same meaning as in the Agvet Code.
supply includes do, or cause or permit the doing of, any of the following—
(a) sell,
(b) give,
(c) offer to do an act that would be a supply (including an act referred to in any of the above paragraphs).
tag means a tag attached to an animal in accordance with any requirements relating to the identification of animals specified by or under the Biosecurity Act 2015.
withholding period, in relation to a stock medicine, means the minimum period which should elapse between the last administration of the stock medicine and—
(a) the slaughter for human consumption of an animal to which the stock medicine has been administered, or
(b) the harvesting of wool, fibre, milk or eggs or the release of honey for human consumption from an animal to which the stock medicine has been administered.
(2) In this Act, references to stock include references to individual members of any species or class of stock.
(3) Notes included in this Act do not form part of this Act.
s 3: Am 1993 No 4, Sch 2 (1); 1994 No 53, Sch 1; 1995 No 47, Sch 1 (1) (2); 1998 No 116, Sch 4 [1]; 2004 No 89, Schs 1 [2]–[5], 2.2 [1] [2]; 2006 No 59, Sch 7.20; 2010 No 34, Sch 2.49; 2010 No 59, Sch 2.95; 2012 No 89, Sch 5 [1]; 2014 No 33, Sch 1.15; 2015 No 24, Sch 8.36 [2]; 2019 No 14, Sch 2.22[1] [2]; 2020 No 30, Sch 3.39.
4
Use instructions
4 Use instructions
4 Use instructions
(1) In this Act, use instructions, in relation to a stock medicine, means the instructions that—
(a) are on the label attached to the package in which the stock medicine is contained and are required or permitted by or under the Agvet Code to be on the label when sold, and
(b) relate to the use of the stock medicine on stock or the way in which stock, or any product from stock, is to be dealt with after the administration of the stock medicine.
Note.
Products from stock would include, for example, milk, wool, honey and eggs.
(2) Without limiting subsection (1), use instructions include the following matter appearing on the label attached to the package of a stock medicine—
(a) any instructions, directions, recommendations or indications as to the dosage rate for, and method and timing of administration of, the stock medicine,
(b) the type of stock on which the stock medicine is intended to be used or should not be used,
(c) any withholding period,
(d) any precautions and contraindications,
(e) any instructions, directions or recommendations appearing under the heading “Restraint” or “Restraints”.
(3) In this Act, a reference to a label attached to a package includes a reference to writing appearing on the package.
s 4: Am 1999 No 80, Sch 3.8 [1]. Rep 2004 No 89, Sch 1 [6]. Ins 2015 No 24, Sch 8.36 [3].
5
Use of stock medicines
5 Use of stock medicines
5 Use of stock medicines
(1) In this Act, a reference (however expressed) to the use of a stock medicine on stock, or the treatment of stock with a stock medicine, includes a reference to the administration to stock of stock food treated with a stock medicine.
(2) In this Act, a reference (however expressed) to using a stock medicine in a manner contrary to the use instructions includes a reference to dealing with stock on which the stock medicine has been used in a manner contrary to the use instructions and includes, in particular, not observing the withholding period or varying the withholding period in relation to the stock medicine.
s 5: Rep 1999 No 80, Sch 3.8 [2]. Ins 2015 No 24, Sch 8.36 [3].
3A
Definition of “stock medicine”
3A Definition of “stock medicine”
3A Definition of “stock medicine”
(1) In this Act, stock medicine has the same meaning as veterinary chemical product in the Agvet Code, except as provided by this section.
(2) Stock medicine also includes a substance or mixture of substances that is—
(a) prepared by a pharmacist in accordance with the instructions of a veterinary practitioner, or
(b) prepared by a veterinary practitioner in the course of the practice of his or her profession.
(3) (Repealed)
s 3A: Ins 2012 No 89, Sch 5 [2]. Am 2025 No 58, Sch 11.
6
Activities authorised under Poisons and Therapeutic Goods Act 1966
6 Activities authorised under Poisons and Therapeutic Goods Act 1966
A person does not commit an offence against this Act if the act or omission which would (but for this section) constitute the offence is authorised by or under the Poisons and Therapeutic Goods Act 1966.
s 6: Am 1999 No 80, Sch 3.8 [3].
6A
Application of Agvet Code to veterinary practitioners and persons acting under the instructions of veterinary practitioners
6A Application of Agvet Code to veterinary practitioners and persons acting under the instructions of veterinary practitioners
6A Application of Agvet Code to veterinary practitioners and persons acting under the instructions of veterinary practitioners
(1) The object of this section is to expressly permit veterinary practitioners, and persons acting under the instructions of veterinary practitioners, to do things that other provisions of this Act impliedly permit them to do, and so to exempt them from certain offences arising under Part 4 of the Agvet Code.
(2) For the purposes of section 73 of the Agvet Code, it is declared that a veterinary practitioner is permitted to do anything—
(a) that constitutes an offence under this Act, or
if the provision giving rise to the offence expressly excludes the veterinary practitioner from the application of that provision.
(3) Subsection (2) does not exempt a person from the requirements of any other Act or law.
(4) In this section—
do includes omit to do.
veterinary practitioner includes a person acting under the instructions of a veterinary practitioner.
s 6A: Ins 1995 No 47, Sch 1 (3). Am 2004 No 89, Sch 2.2 [3]–[5].
Part 2
Part 2
Parts 2–4
7–36 (Repealed)
pt 2: Rep 2004 No 89, Sch 1 [7].
pt 2, div 1: Rep 2004 No 89, Sch 1 [7].
s 7: Am 1993 No 4, Sch 2 (2). Rep 2004 No 89, Sch 1 [7].
s 8: Am 1993 No 4, Sch 2 (3). Rep 2004 No 89, Sch 1 [7].
s 9: Rep 2004 No 89, Sch 1 [7].
s 10: Rep 2004 No 89, Sch 1 [7].
pt 2, div 2: Rep 2004 No 89, Sch 1 [7].
s 11: Rep 2004 No 89, Sch 1 [7].
s 12: Rep 2004 No 89, Sch 1 [7].
s 13: Am 1999 No 31, Sch 2.40 [1] [2]. Rep 2004 No 89, Sch 1 [7].
s 14: Rep 2004 No 89, Sch 1 [7].
pt 2, div 3: Rep 2004 No 89, Sch 1 [7].
s 15: Rep 2004 No 89, Sch 1 [7].
s 16: Rep 2004 No 89, Sch 1 [7].
s 17: Am 1999 No 31, Sch 2.40 [1] [2]. Rep 2004 No 89, Sch 1 [7].
ss 18–22: Rep 2004 No 89, Sch 1 [7].
pt 2, div 4: Rep 2004 No 89, Sch 1 [7].
pt 2, div 5 (ss 23–31): Rep 2004 No 89, Sch 1 [7].
pt 3: Rep 2015 No 24, Sch 8.36 [4].
s 32: Rep 2015 No 24, Sch 8.36 [4].
s 33: Rep 2015 No 24, Sch 8.36 [4].
s 34: Rep 2004 No 89, Sch 1 [8].
s 35: Rep 2004 No 89, Sch 1 [9].
pt 4 (s 36): Rep 2004 No 89, Sch 1 [10].
Part 5
Control of stock medicines
Part 5 Control of stock medicines
Part 5 Control of stock medicines
36A
36A
36A (Repealed)
37
Possession of unregistered stock medicines
37 Possession of unregistered stock medicines
37 Possession of unregistered stock medicines
(1) A person must not have in his or her possession or custody an unregistered stock medicine unless—
(a) the stock medicine was prescribed or supplied by a veterinary practitioner, in the course of the practice of his or her profession, to deal with a particular condition of an animal or animals under his or her care (not being an animal or animals of a food producing species), or
(b) the person is a pharmacist or veterinary practitioner who has possession or custody of the stock medicine in the course of the practice of his or her profession for use otherwise than on an animal or animals of a food producing species.
(2) (Repealed)
Maximum penalty—200 penalty units or, for an offence by a corporation, 400 penalty units.
s 37: Am 1995 No 47, Sch 1 (4) (5); 1998 No 116, Sch 4 [2]; 2004 No 89, Schs 1 [12], 2.2 [4].
38
Use of unregistered stock medicines
38 Use of unregistered stock medicines
38 Use of unregistered stock medicines
(1) A person must not use an unregistered stock medicine on stock that is a member of a food producing species.
Maximum penalty—200 penalty units or, for an offence by a corporation, 400 penalty units.
(2) It is a defence to a prosecution for an offence against subsection (1) if the defendant establishes that the defendant was authorised by section 39A or 39B to use the unregistered stock medicine concerned.
s 38: Am 1995 No 47, Sch 1 (6) (7). Subst 2004 No 89, Sch 1 [13].
39
Use of registered stock medicine contrary to use instructions
39 Use of registered stock medicine contrary to use instructions
39 Use of registered stock medicine contrary to use instructions
(1) A person must not use a registered stock medicine in a manner that is contrary to the use instructions.
Maximum penalty—200 penalty units or, for an offence by a corporation, 400 penalty units.
(2) It is a defence to a prosecution for an offence against subsection (1) if the defendant establishes that the defendant was authorised by section 39A or 39B to use the registered stock medicine in the manner concerned.
(3) It is a defence to a prosecution for an offence against subsection (1) that—
(a) there were instructions for the use of the stock medicine on the label attached to the package of the stock medicine at the time of the commission of the offence, and
(b) the person, at that time, did not know, and did not have reasonable grounds for suspecting, that those instructions were not (either wholly or partially) the use instructions.
(4) It is not a defence to a prosecution for an offence against subsection (1) that the defendant failed to read the use instructions for the stock medicine concerned.
s 39: Am 1995 No 47, Sch 1 (8) (9). Subst 2004 No 89, Sch 1 [13].
39A
Authorisations for veterinary practitioners
39A Authorisations for veterinary practitioners
39A Authorisations for veterinary practitioners
(1) A veterinary practitioner is authorised to use an unregistered stock medicine if the use occurs—
(a) in the course of the practice of the veterinary practitioner’s profession and for the purpose of dealing with an animal or animals under his or her care, and
(b) in the exempt circumstances set out in subsection (3).
(2) A veterinary practitioner is authorised to use a registered stock medicine in a manner contrary to the use instructions if the use occurs—
(a) in the course of the practice of the veterinary practitioner’s profession and for the purpose of dealing with an animal or animals under his or her care, and
(b) in the case of any of the following uses of the stock medicine, in the exempt circumstances set out in subsection (3)—
(i) the administration of the stock medicine by injection if any use instruction indicates that the stock medicine is for oral or topical application,
(ii) the use of the stock medicine in a manner contrary to any use instruction that is included under a heading “Restraint” or “Restraints”,
(iii) the use of the stock medicine on stock of a major food producing species if the use instructions do not indicate, in some manner, that the stock medicine is intended for use on stock of some type of major food producing species,
(iv) the use of the stock medicine on stock of a food producing species if the use instructions indicate, in some manner, that the stock medicine is intended for use on stock that is not of a food producing species and if the use instructions also indicate, in some manner, that the stock medicine is not for use on stock of a food producing species.
(3) For the purposes of subsections (1) and (2) (b), the following are exempt circumstances in relation to the use of a stock medicine—
(a) the use of a stock medicine in the treatment of an individual animal of a food producing species (whether or not from a group of stock) where no other animal from the same property is being treated, at or about that time, with that stock medicine,
(b) the use of a stock medicine in accordance with a permit,
(c) the use of a stock medicine in compliance with an order in force under section 46.
(4) An authorisation referred to in this section operates for the purpose of section 38 or 39 only and does not affect any requirement to comply with any other provision of this Act or any other Act or law.
s 39A: Ins 2004 No 89, Sch 1 [13]. Am 2004 No 89, Sch 2.2 [4] [6].
39B
Authorisations for persons other than veterinary practitioners
39B Authorisations for persons other than veterinary practitioners
39B Authorisations for persons other than veterinary practitioners
(1) This section applies to persons who are not veterinary practitioners.
(2) A person to whom this section applies is authorised to use an unregistered stock medicine, or to use a registered stock medicine in a manner contrary to the use instructions, if the use—
(a) is in accordance with written instructions from a veterinary practitioner, or
(b) is in accordance with a permit, or
(c) is in compliance with an order in force under section 46.
(3) Without limiting subsection (2), a person to whom this section applies is authorised to use a registered stock medicine in a manner contrary to the use instructions if—
(a) the stock medicine is used on stock of a food producing species (other than a major food producing species), and
(b) the use instructions indicate that the stock medicine may be used on stock of some type of major food producing species, and
(c) the person administers the stock medicine at, or at less than, the dosage rate and using the method and timing of administration indicated in the use instructions, and
(d) the person complies with any contraindications and withholding period indicated in the use instructions, and
(e) the person complies with any use instructions that are included under a heading “Restraint” or “Restraints”.
(4) An authorisation referred to in this section operates for the purpose of section 38 or 39 only and does not affect any requirement to comply with any other provision of this Act or any other Act or law.
s 39B: Ins 2004 No 89, Sch 1 [13]. Am 2004 No 89, Sch 2.2 [3] [4].
39C
Prescription or supply of stock medicine by veterinary practitioner
39C Prescription or supply of stock medicine by veterinary practitioner
39C Prescription or supply of stock medicine by veterinary practitioner
(1) A veterinary practitioner must not prescribe or supply a stock medicine for use by a person on stock unless the veterinary practitioner is authorised by this Act to use the stock medicine on that stock.
(2) A veterinary practitioner must not prescribe or supply a stock medicine for use in a manner contrary to the use instructions unless the veterinary practitioner is authorised by this Act to use the stock medicine on that stock in that manner.
(3) A veterinary practitioner must not prescribe or supply an unregistered stock medicine for use on stock (other than stock of a food producing species) unless the stock medicine—
(a) is a registered human pharmaceutical, or
(b) has been compounded by the veterinary practitioner or by a pharmacist on the prescription of the veterinary practitioner.
Maximum penalty—100 penalty units.
s 39C: Ins 2004 No 89, Sch 1 [13]. Am 2004 No 89, Sch 2.2 [4].
39D
Instructions to be provided by veterinary practitioners
39D Instructions to be provided by veterinary practitioners
39D Instructions to be provided by veterinary practitioners
(1) A veterinary practitioner must comply with the requirements of this section if the veterinary practitioner—
(a) prescribes or supplies an unregistered stock medicine for use on stock of a food producing species, or uses an unregistered stock medicine on such stock, or
(b) prescribes or supplies a registered stock medicine for use on stock of a food producing species in a manner contrary to the use instructions, or uses a registered stock medicine on such stock in such a manner, or
(c) prescribes or supplies a restricted substance within the meaning of the Poisons and Therapeutic Goods Act 1966 for use on stock of a major food producing species, or uses a restricted substance on such stock.
Maximum penalty—200 penalty units.
(2) Each time the veterinary practitioner prescribes, supplies or uses the stock medicine, the veterinary practitioner must—
(a) give to the person for or to whom the stock medicine is prescribed or supplied, or on whose behalf it is used, and to the person who is authorised to supply the stock medicine (where relevant), written instructions for its use, and
(b) explain to the person for or to whom the stock medicine is prescribed or supplied, or on whose behalf it is used, any of the written instructions that the veterinary practitioner intends will override any use instruction for the stock medicine.
(3) The written instructions for use are to be signed and dated by the veterinary practitioner and are to include the veterinary practitioner’s name and business address and the following matters—
(a) details to identify the particular stock on which the stock medicine is to be used or has been used,
(b) the name of the owner of the stock or the person in charge of the stock,
(c) particulars to identify the stock medicine,
(d) the name of the active constituent of the stock medicine,
(e) the type of stock for which the stock medicine is intended,
(f) the withholding period (including that there is no withholding period if the veterinary practitioner considers none is required),
(g) the dosage rate,
(h) the frequency of treatment,
(i) the length of treatment,
(j) the manner of administration,
(k) such other matters as may be prescribed by the regulations for the purposes of this subsection.
(4) Despite subsection (3), the written instructions for use of a registered stock medicine in a manner contrary to the use instructions need only include such of the matters set out in that subsection as are different to the use instructions.
s 39D: Ins 2004 No 89, Sch 1 [13]. Am 2004 No 89, Sch 2.2 [4] [6].
39E
Records to be kept by veterinary practitioners
39E Records to be kept by veterinary practitioners
39E Records to be kept by veterinary practitioners
A veterinary practitioner must keep a record, in accordance with the regulations, of the following—
(a) the prescription or supply of any unregistered stock medicine for use on stock of a food producing species and the use by the veterinary practitioner of any unregistered stock medicine on any such stock,
(b) the prescription or supply of any registered stock medicine for use on stock of a major food producing species in a manner contrary to the use instructions and the use by the veterinary practitioner of any registered stock medicine on any such stock in such a manner,
(c) the prescription or supply of any registered stock medicine that is a restricted substance within the meaning of the Poisons and Therapeutic Goods Act 1966 for use on stock of a major food producing species and the use by the veterinary practitioner of a restricted substance on any such stock.
Maximum penalty—100 penalty units.
s 39E: Ins 2004 No 89, Sch 1 [13]. Am 2004 No 89, Sch 2.2 [4]; 2012 No 89, Sch 5 [3].
39F
Instructions to be provided by others who use stock medicines
39F Instructions to be provided by others who use stock medicines
39F Instructions to be provided by others who use stock medicines
A person (other than a veterinary practitioner) who uses a stock medicine on stock of a food producing species and who is not an employee of the owner of the stock or the person in charge of the stock must ensure that the owner or person in charge of the stock is given written instructions that—
(a) indicate how the stock on which the stock medicine was used can be identified, and
(b) include the use instructions for the stock medicine or, if they have been varied by the written instructions of a veterinary practitioner, those written instructions.
Maximum penalty—100 penalty units or, for an offence by a corporation, 200 penalty units.
s 39F: Ins 2004 No 89, Sch 1 [13]. Am 2004 No 89, Sch 2.2 [4].
40
Variation of use instructions by veterinary practitioner
40 Variation of use instructions by veterinary practitioner
40 Variation of use instructions by veterinary practitioner
(1) This section applies to the following actions of a veterinary practitioner—
(a) the use by the veterinary practitioner of an unregistered stock medicine on stock of a food producing species,
(b) the giving of instructions for the use of an unregistered stock medicine on stock of a food producing species,
(c) the use by the veterinary practitioner of a registered stock medicine on stock of a major food producing species in a manner contrary to the use instructions,
(d) the giving of instructions for the use of a registered stock medicine on stock of a major food producing species in a manner contrary to the use instructions.
(2) A veterinary practitioner must not take any action to which this section applies if it is reasonably likely that the action will result in stock or products from stock—
(a) where there is no relevant withholding period for the stock medicine concerned, containing any chemical residue at a level that contravenes the Food Standards Code, or
(b) where there is a relevant withholding period for the stock medicine concerned, containing, at or after the expiry of that period, any chemical residue at a level that contravenes the Food Standards Code.
Maximum penalty—200 penalty units.
(3) In this section, Food Standards Code has the same meaning as in the Food Act 2003.
s 40: Am 1995 No 47, Sch 1 (10)–(13). Subst 2004 No 89, Sch 1 [13]. Am 2004 No 89, Sch 2.2 [4].
40A
Buyer of stock to be informed of withholding period
40A Buyer of stock to be informed of withholding period
40A Buyer of stock to be informed of withholding period
(1) An owner of stock of a food producing species must, if the stock has been treated with a stock medicine and there is a relevant withholding period for the stock medicine that has not expired, ensure that any person with whom the owner has made arrangements to sell the stock is informed—
(a) that the stock has been so treated, and
(b) when the relevant withholding period will expire.
Maximum penalty—200 penalty units or, for an offence by a corporation, 400 penalty units.
(1A) The person in charge of the stock (in a case where the person in charge is not the owner) must, if the stock has been treated with a stock medicine and there is a relevant withholding period for the stock medicine that has not expired, inform any person with whom the person in charge has made arrangements to sell the stock on behalf of the owner—
(a) that the stock has been so treated, and
(b) when the relevant withholding period will expire.
Maximum penalty—200 penalty units or, for an offence by a corporation, 400 penalty units.
(2) A person must not sell any stock of a food producing species that has been treated with a stock medicine for which there is a relevant withholding period that has not expired unless the person informs any buyer or potential buyer, orally or in writing, before the sale—
(a) that the stock has been so treated, and
(b) when the relevant withholding period will expire.
Maximum penalty—200 penalty units or, for an offence by a corporation, 400 penalty units.
(3) It is a defence to a prosecution for an offence against subsection (1) or (2) that the person did not know, and did not have reasonable grounds for suspecting, at the time of the commission of the offence, that the stock concerned had been treated with a stock medicine and that the relevant withholding period had not expired.
(4) (Repealed)
s 40A: Ins 1995 No 47, Sch 1 (14). Am 2004 No 89, Sch 1 [14] [15].
40B
Breach of specified withholding period
40B Breach of specified withholding period
40B Breach of specified withholding period
(1) If stock of a food producing species has been treated with a stock medicine, a person must not cause or permit—
(a) the slaughter of the stock for human consumption, or
(b) the harvest of the wool, fibre, milk or eggs of the stock for human consumption, or
(c) the release of the honey of the stock for human consumption,
before the relevant withholding period has expired.
Maximum penalty—200 penalty units or, for an offence by a corporation, 400 penalty units.
(2) It is a defence to a prosecution for an offence against this section that—
(a) the person was not aware that the stock had been treated with a stock medicine, or
(b) (Repealed)
(c) there were instructions for the use of the stock medicine on the package or label at the time of the commission of the offence (whether or not those instructions specified a withholding period) and the person, at the time, did not know, and did not have reasonable grounds for suspecting, that those instructions were not (either wholly or partially) the instructions required to be on the package or label.
s 40B: Ins 1996 No 30, Sch 1. Am 2004 No 89, Sch 1 [16] [17].
41
Offences relating to sale of stock medicines
41 Offences relating to sale of stock medicines
41 Offences relating to sale of stock medicines
(1) A person must not—
(a) sell an unregistered stock medicine, or
(b) sell a stock medicine under the name of a registered stock medicine, if the person knows the stock medicine sold does not conform with the registered prescription or composition of the registered stock medicine, or
(c) sell a stock medicine that does not comply with a standard prescribed for the stock medicine or for stock medicines of the class to which it belongs, or
(d) sell a registered stock medicine in respect of which any claim or statement as to its efficacy for a use other than a use required or permitted to be specified on its package (or label) by or under the Agvet Code has been made by the person or with the person’s consent.
Maximum penalty—200 penalty units or, for an offence by a corporation, 400 penalty units.
(2) Subsection (1) (a) does not apply to the sale of a stock medicine if the stock medicine was prescribed or supplied by a veterinary practitioner, in the course of the practice of his or her profession, to deal with a particular condition of an animal or animals under his or her care.
s 41: Am 2004 No 89, Schs 1 [18], 2.2 [4].
41A
Stock medicines to be dealt with in accordance with notices under Agvet Code
41A Stock medicines to be dealt with in accordance with notices under Agvet Code
41A Stock medicines to be dealt with in accordance with notices under Agvet Code
If a person who has a stock medicine in his or her possession or custody is aware of a notice under section 55 of the Agvet Code that requires a person to deal with the stock medicine in a particular way, the person must deal with the stock medicine in accordance with the instructions contained in the notice.
Maximum penalty—100 penalty units or, for an offence by a corporation, 200 penalty units.
s 41A: Ins 2004 No 89, Sch 1 [19].
42
Defence to certain prosecutions
42 Defence to certain prosecutions
42 Defence to certain prosecutions
(1) It is a defence to a prosecution for an offence against section 37 (1), 38 or 41 (1) (a) that the person did not know, and did not have reasonable grounds for suspecting, at the time of the commission of the offence, that the stock medicine concerned was unregistered.
(2) (Repealed)
s 42: Am 2004 No 89, Sch 1 [20].
43
Offences relating to advertising
43 Offences relating to advertising
43 Offences relating to advertising
(1) A person must not contravene any prohibition or requirement made by the regulations for the purposes of this section and relating to—
(a) the advertising of stock medicines or their uses, or
(b) claims, statements or representations relating to the use of stock medicines, or
(c) the dissemination of information concerning stock medicines or their uses.
Maximum penalty—200 penalty units or, for an offence by a corporation, 400 penalty units.
(2) A person must not make, or cause to be made, to any other person any claim or statement, or publish, circulate or distribute (or cause to be published, circulated or distributed) any claim or statement—
(a) as to the efficacy of a registered stock medicine for a use other than a use for which the stock medicine is registered, or
(b) with respect to any stock medicine, if the person knows the claim or statement is false or misleading in any material particular.
Maximum penalty—200 penalty units or, for an offence by a corporation, 400 penalty units.
(3) (Repealed)
s 43: Am 2019 No 14, Sch 2.22[3]; 2022 No 59, Sch 1.35[1].
44
44
44, 45 (Repealed)
46
Supply and use bans and recall orders
46 Supply and use bans and recall orders
46 Supply and use bans and recall orders
(1) The Secretary may make an order under this section if the Secretary believes on reasonable grounds that the administration or application of a stock medicine or a stock medicine of a particular class—
(a) is likely to endanger the health of the public, consumers of food or produce derived from stock or persons administering or applying the stock medicine, or
(b) is likely to cause undue hazard to the environment, or
(c) is likely to make stock ill, or
(d) is likely to have an adverse effect on trade, or the promotion of trade, in stock or a product derived from stock, or
(e) is likely to impede the control or eradication of diseases or pests affecting stock, or
(f) is likely to impede the control or reduction of populations of pests, including bacterial organisms, that are resistant to stock medicines, or
(g) is inappropriate in a particular area because of local climatic or soil conditions.
Editorial note.
For orders under section 46—see item (5) of the Historical notes at the end of this Act.
(2) An order under this section may—
(a) prohibit or regulate the supply of the stock medicine or stock medicines of the class, or
(b) require any person who has supplied the stock medicine or stock medicines of the class to take such reasonable steps as are specified in the order to recover any such stock medicine from other persons to whom it has been supplied by the person, or
(c) prohibit or regulate the use of the stock medicine or stock medicines of that class by any person in relation to any specified species of animal, or
(d) provide for exemptions from the operation of the order.
(2A) Without affecting the generality of subsection (2), an order under this section made in relation to a specified stock medicine or a stock medicine of a specified class may make provision for or with respect to—
(a) the identification or marking of stock to indicate whether or not stock has been treated with the stock medicine, including the use of particular colours of tags required by or under the Biosecurity Act 2015, or
(b) the making and keeping of records relating to, and to the treatment given or not given by, the stock medicine, or
(c) the information or documentation required to accompany the stock medicine when sold, or to accompany stock when sold or consigned for sale, or
(d) the disposal of the stock medicine in accordance with requirements of the Secretary, or
(e) the holding of an authority for the purchase, sale or use of the stock medicine, the fixing of a fee for such an authority and the waiver of such a fee, or
(f) the prohibition of the use of the stock medicine for a particular purpose or for any purpose.
(3) An order under this section—
(a) is to be published in the Gazette and in some other manner that, in the opinion of the Secretary, is most likely to bring it to the attention of the persons who will be affected by it, and
(b) if it applies to a named person (whether or not it also applies in any respect generally or to a specified class of persons) is to be served on the named person, and
(c) may relate to a registered stock medicine or an unregistered stock medicine.
(4) (Repealed)
(5) Any such order takes effect—
(a) in so far as it applies to a named person, when it is served on the person, and
(b) in so far as it applies generally or to a specified class of persons, when it is published in the Gazette or on any later date specified in the order.
(6) A person must not, without reasonable excuse, contravene an order under this section.
Maximum penalty—200 penalty units or, for an offence by a corporation, 400 penalty units.
s 46: Am 1993 No 4, Sch 1 (1); 1998 No 116, Sch 4 [3] [4]; 2004 No 89, Sch 1 [24]–[27]; 2015 No 24, Sch 8.36 [6]; 2019 No 14, Sch 2.22[4].
47
Duration, tabling and disallowance of bans and recall orders
47 Duration, tabling and disallowance of bans and recall orders
47 Duration, tabling and disallowance of bans and recall orders
(1) An order under section 46 remains in force for the period (if any) specified in the order or until it is repealed.
(2) The Secretary may repeal any such order—
(a) if it applies only to a named person, by a further order served on the person, and
(b) in any other case, by a further order published in the same manner as the order being repealed.
(3) Sections 40 (notice of statutory rules to be tabled) and 41 (disallowance of statutory rules) of the Interpretation Act 1987 apply to any such order in the same way as they apply to a statutory rule.
s 47: Am 2019 No 14, Sch 2.22[5].
Part 6
General
Part 6 General
Part 6 General
48
48
48–55 (Repealed)
56
Forfeiture
56 Forfeiture
56 Forfeiture
(1) If a person is convicted of an offence against this Act or the regulations, the court may order forfeiture to the Crown of any stock medicine to which the conviction relates.
(2) In any such case, the forfeiture may extend to the whole of the stock medicine, to the whole of any similar article and to all packages containing any similar stock medicine belonging to the defendant or in the defendant’s possession at the time of committing the offence.
(3) All stock medicines forfeited under this Act are to be disposed of as the Minister may direct.
57
Costs of analysis
57 Costs of analysis
57 Costs of analysis
If a person is convicted of an offence against this Act in respect of any substance which has been analysed by an analyst under this Act, the court may award the reasonable expenses of and in connection with the analysis against the defendant as part of the costs of the prosecution.
58
58
58, 59 (Repealed)
60
Proceedings for offences
60 Proceedings for offences
60 Proceedings for offences
(1) Proceedings for an offence against this Act or the regulations may be dealt with summarily before the Local Court or before the Supreme Court in its summary jurisdiction.
(2) If proceedings for an offence are brought before the Local Court, the maximum monetary penalty that the Court may impose is 100 penalty units or the maximum monetary penalty provided by this Act or the regulations in respect of the offence, whichever is the lesser.
(3) If proceedings for an offence are brought before the Supreme Court, the Court may impose a penalty not exceeding the maximum penalty provided by this Act or the regulations in respect of the offence.
(4) Any such proceedings commenced in the Local Court must be commenced by an information laid within 12 months after the time when the offence is alleged to have been committed.
(5), (6) (Repealed)
s 60: Am 1993 No 4, Sch 2 (5); 1999 No 85, Sch 2.64; 2004 No 89, Sch 1 [32] [33]; 2007 No 94, Schs 2, 4.
60A
Penalty notices
60A Penalty notices
60A Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note.
The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.
(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).
(5) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.
s 60A: Ins 2004 No 89, Sch 1 [34]. Am 2015 No 24, Sch 8.36 [9]. Subst 2017 No 22, Sch 3.72. Am 2022 No 59, Sch 1.35[2].
61
61
61 (Repealed)
62
Service of notices
62 Service of notices
62 Service of notices
A notice or order under this Act may be served—
(a) on a natural person—
(i) by delivering it to the person personally, or
(ii) by leaving it at, or by sending it by pre-paid post to, the residential or business address of the person last known to the Secretary, or
(iii) by electronic transmission to an address or location specified by the person for the service of notices or orders of that kind, or
(b) on a body corporate—
(i) by leaving it at, or by sending it by pre-paid post to, the head office, a registered office or a principal office of the body corporate, or
(ii) by electronic transmission to an address or location specified by the body corporate for the service of notices or orders of that kind.
s 62: Am 2019 No 14, Sch 2.22[6]; 2020 No 30, Sch 1.44[1] [2]; 2022 No 59, Sch 1.35[3] [4].
63
63
63 (Repealed)
64
Delegation by Secretary
64 Delegation by Secretary
64 Delegation by Secretary
The Secretary may delegate to a person any of the Secretary’s powers, authorities, duties or functions under this Act, other than this power of delegation.
s 64: Am 2019 No 14, Sch 2.22[7] [8].
65
Regulations
65 Regulations
65 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) In particular, the regulations may make provision for or with respect to the following—
(a) standards for stock medicines,
(b) regulating or prohibiting the supply of stock medicines,
(c) regulating or prohibiting the provision, administration or application of stock medicines to stock,
(d) regulating or prohibiting the introduction of stock medicines into New South Wales,
(e) (Repealed)
(f) the manner in which the particulars relating to a stock medicine are to be written on the package containing it or on a label attached to the package and the manner in which a label containing the particulars is to be attached to a package,
(g) the size and type of labels to be attached to stock medicines,
(h) the forms to be used for the purposes of this Act and the regulations,
(i) the fees to be paid under this Act and the regulations.
(j) (Repealed)
(3) A regulation may create an offence punishable by a penalty not exceeding 50 penalty units.
s 65: Am 2004 No 89, Sch 1 [37]; 2015 No 24, Sch 8.36 [10].
66
Savings and transitional provisions
66 Savings and transitional provisions
66 Savings and transitional provisions
Schedule 2 has effect.
67
67
67, 68 (Repealed)
Schedule 1
Schedule 1
Schedule 1 (Repealed)
sch 1: Rep 2004 No 89, Sch 1 [39].
Schedule 2
Savings, transitional and other provisions
Schedule 2 Savings, transitional and other provisions
Schedule 2 Savings, transitional and other provisions
(Section 66)
sch 2, hdg: Am 2004 No 89, Sch 1 [40].
sch 2: Am 1993 No 4, Sch 2 (6); 1995 No 47, Sch 1 (17) (18); 2004 No 89, Sch 1 [41]–[43]; 2012 No 89, Sch 5 [7]; 2015 No 24, Sch 8.36 [11]; 2022 No 59, Sch 3.64.
17
Stock Medicines Board
17 Stock Medicines Board
17 Stock Medicines Board
(1) The Stock Medicines Board established under Part 4 of this Act before its repeal by the Stock Medicines Amendment Act 2004 is dissolved.
(2) The persons holding office as members of the Stock Medicines Board immediately before the commencement of this clause—
(a) cease to hold office as such on that commencement, and
(b) are not entitled to any compensation for ceasing to hold office because of the operation of this clause.
The amendment of section 60 by the Stock Medicines Amendment Act 2004 extends to offences committed before the commencement of the amendment but does not affect any proceedings commenced before that commencement and not finally determined at that commencement.
20
Definitions
20 Definitions
20 Definitions
In this Part—
Director-General includes any person exercising the functions of the Director-General under this Act.
relevant instrument means any notice, direction, warrant, consent, delegation or other instrument made, given, granted or issued under a repealed provision.
repealed provision means a provision of this Act repealed by the Biosecurity Act 2015.
21
Continuation of instruments and powers under repealed provisions
21 Continuation of instruments and powers under repealed provisions
21 Continuation of instruments and powers under repealed provisions
(1) This Act, as in force immediately before its amendment by the Biosecurity Act 2015, continues to have effect in respect of—
(a) any relevant instrument in force immediately before the repeal of a repealed provision, and
(b) anything done (before or after the repeal of a repealed provision) under or in connection with such a relevant instrument.
(2) A relevant instrument—
(a) continues to have effect (despite the amendments made by the Biosecurity Act 2015), and
(b) may be withdrawn, varied, revoked or cancelled in accordance with this Act (as if those amendments had not been made), and
(c) ceases to have effect as provided for by this Act, as in force immediately before those amendments were made, or as provided for by this clause (whichever happens first).
(3) Accordingly, any function conferred on any person under a repealed provision in connection with a relevant instrument (including a power to enter land or to seize or destroy any thing) may continue to be exercised after the repeal of the repealed provision as if that provision remained in force.
(4) The Secretary of the Department of Regional NSW may, by order in writing, declare that a relevant instrument is a superseded instrument.
(5) A relevant instrument that is declared to be a superseded instrument ceases to have effect when the order takes effect.
(6) This clause does not apply to the following—
(a) to a permit issued under a repealed provision, or
(b) to any instrument by which a person is authorised as an inspector or analyst.
22
Continuation of regulations
22 Continuation of regulations
22 Continuation of regulations
(1) Any regulations made under a repealed provision, as in force immediately before the repeal of the repealed provision, are taken to continue to have effect in relation to the relevant instruments and anything done under or in connection with the relevant instruments.
(2) The power to make regulations conferred by Part 1 of this Schedule includes power to amend or revoke any regulation under a repealed provision that is taken to continue to have effect under this clause.
23
Obligations under repealed provisions continue to apply
23 Obligations under repealed provisions continue to apply
23 Obligations under repealed provisions continue to apply
(1) If a repealed provision continues to have effect, any liability or obligation imposed on a person by, under or in connection with a contravention of, that provision also continues to have effect.
(2) Accordingly, a person may incur liability for an offence under a repealed provision after the repeal of the repealed provision.
Note.
For example, a person could incur liability for an offence under section 58 (as in force before its repeal by the Biosecurity Act 2015) for a failure to comply with a direction given by an inspector before the repeal of section 50 even though that failure occurs after the repeal of section 50.
(3) However, a person cannot be found guilty of both an offence against this Act and an offence against the Biosecurity Act 2015 in respect of the same act or omission occurring on the same occasion.
24
Seizure of property
24 Seizure of property
24 Seizure of property
This Act, as in force immediately before its amendment by the Biosecurity Act 2015, continues to have effect in respect of anything seized, taken or removed under a power conferred by a repealed provision whether before or after the repeal of the repealed provision. Accordingly, such a thing is to be dealt with as provided for by the repealed provisions.
25
Continuation of permits
25 Continuation of permits
25 Continuation of permits
(1) A permit granted or issued under this Act and in force immediately before the repeal of section 32 by the Biosecurity Act 2015 continues to have effect on that repeal.
(2) The permit remains in force, subject to any condition relating to its duration specified in it, until it is cancelled under Part 21 of the Biosecurity Act 2015.
(3) On the repeal of section 32, the Biosecurity Act 2015 applies in respect of the permit as if it had been granted by a relevant decision-maker under Part 21 of that Act.
(4) The permit is authority to engage in the conduct authorised by the permit for the purposes of both this Act and the Biosecurity Act 2015 (to the extent it would otherwise prohibit the conduct concerned).
(5) The permit applies to any person to whom it would have applied under section 33 of this Act (had that section not been repealed) as if—
(b) the persons referred to in section 33 were the specified class of person to whom the permit were granted.
(6) Any conditions of the permit imposed by the Director-General under this Act that were in force immediately before the repeal of section 32 are taken on that repeal to be conditions of the permit under the Biosecurity Act 2015 (as if they had been imposed by a relevant decision-maker under section 347 of the Biosecurity Act 2015).
(7) To avoid doubt, a permit is also subject to any conditions prescribed by the regulations or imposed by a relevant decision-maker under the Biosecurity Act 2015.
26
Applications for permits
26 Applications for permits
26 Applications for permits
(1) An application for a permit or a renewal of a permit under this Act that was duly made to the Director-General and not finally determined before the repeal of section 32 by the Biosecurity Act 2015 is to be dealt with as an application for a permit or renewal of a permit under Part 21 of the Biosecurity Act 2015.
(2) A relevant decision-maker under the Biosecurity Act 2015 may require the applicant to comply with any requirement relating to the application that the applicant would have been required to comply with if the application had been made under section 341 or 345 of that Act.
27
Functions of inspectors
27 Functions of inspectors
27 Functions of inspectors
(1) A person who, immediately before the repeal of section 48 by the Biosecurity Act 2015, was an inspector under this Act is taken, on that repeal, to have been appointed as an authorised officer under the Biosecurity Act 2015.
(2) Appointment is subject to any conditions or limitations that were in force immediately before the repeal of section 48.
(3) Any instrument of authority as an inspector issued under this Act is taken to be sufficient evidence of authority as an authorised officer under the Biosecurity Act 2015.
(4) However, the Secretary is to issue each inspector appointed as an authorised officer under this clause with evidence of their authority to exercise functions as an authorised officer under the Biosecurity Act 2015 as soon as practicable.
(5) This clause does not apply to police officers.
28
Functions of authorised officers under this Act
28 Functions of authorised officers under this Act
28 Functions of authorised officers under this Act
(1) An authorised officer under the Biosecurity Act 2015 may exercise any function of an inspector under a repealed provision or a relevant instrument that continues to have effect. Accordingly, a reference in a repealed provision or relevant instrument to an inspector is taken, on the repeal of section 48 by the Biosecurity Act 2015, to include a reference to an authorised officer under that Act.
(2) The powers conferred on an authorised officer by subclause (1) are subject to any conditions or limitations that apply to the person’s appointment as an authorised officer under that Act.
(3) Any evidence of authority as an authorised officer issued under the Biosecurity Act 2015 is taken to be sufficient evidence of authority to exercise the functions of an inspector under a repealed provision or relevant instrument.
29
Analysts
29 Analysts
29 Analysts
(1) A person who, immediately before the repeal of section 49 by the Biosecurity Act 2015, was an analyst under this Act is taken, on that repeal, to have been appointed as an authorised analyst under the Biosecurity Act 2015.
(2) Appointment is subject to any conditions or limitations that were in force immediately before the repeal of section 49.
(3) An authorised analyst under the Biosecurity Act 2015 may exercise any function of an analyst under a repealed provision or a relevant instrument that continues to have effect. Accordingly, a reference in a repealed provision or relevant instrument to an analyst is taken, on the repeal of section 49 by the Biosecurity Act 2015, to include a reference to an authorised analyst under that Act.
(4) The powers conferred on an authorised analyst by subclause (3) are subject to any conditions or limitations that apply to the person’s appointment as an authorised analyst under the Biosecurity Act 2015.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act may be cited as the Stock Medicines Act 1989.
2 Commencement
2 Commencement
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
2A Primary objects of Act
2A Primary objects of Act
2A Primary objects of Act
The primary objects of this Act are as follows—
(a) to protect human health by intervening early in the agricultural production process, in particular, to ensure that illegal or unsafe levels of chemical residues do not transfer to the human food chain by their excessive presence in food producing animals,
(b) to facilitate international trade by supporting initiatives to ensure that livestock and meat products destined for export markets comply with the chemical residue requirements of international trading partners,
(c) to protect the welfare of animals treated with stock medicines.
s 2A: Ins 2004 No 89, Sch 1 [1].
2B Relationship with Biosecurity Act 2015
2B Relationship with Biosecurity Act 2015
2B Relationship with Biosecurity Act 2015
This Act is to be read in conjunction with the Biosecurity Act 2015, which provides for the powers of authorised officers in connection with this Act and for other administrative matters in connection with this Act.
s 2B: Ins 2015 No 24, Sch 8.36 [1].
3 Definitions
3 Definitions
3 Definitions
(1) In this Act—
Agvet Code means the provisions applying because of section 5 of the Agricultural and Veterinary Chemicals (New South Wales) Act 1994.
analyst means an authorised analyst under the Biosecurity Act 2015.
food producing species means stock that produces food for human consumption or is used as food for human beings, and includes—
Imposes substantive process obligations on veterinary practitioners who prescribe or supply unregistered medicines or who vary use instructions for food producing species, requiring signed, dated written instructions that include specified particulars such as withholding period, dosage, frequency, identification of stock and owner (s 39D) and record-keeping obligations (s 39E).
Imposes duties on owners and persons in charge to inform buyers about relevant withholding periods (s 40A), and prohibits slaughter, harvest or release of produce before withholding periods expire (s 40B).
Regulates the sale and advertising of stock medicines, including prohibitions on selling unregistered medicines, mislabelling, selling nonconforming products and making false or misleading efficacy claims (ss 41, 43).
Gives the Secretary power to make supply/use bans, recall orders and related orders that can regulate supply, require recovery of product, prescribe identification/tagging, record-keeping, documentation accompanying sales, disposal, authority requirements and fees (s 46); such orders are subject to publication and tabling/disallowance procedures (s 47).
Provides enforcement avenues: summary proceedings in Local Court or Supreme Court's summary jurisdiction (s 60), penalty notices issued by authorised officers under the Biosecurity Act (s 60A), forfeiture of seized stock medicines (s 56), and courts may award reasonable expenses of analysis against convicted defendants (s 57).
Establishes the Governor’s power to make regulations, including standards for stock medicines, labelling requirements, fee-setting and offences not exceeding 50 penalty units (s 65).
Requires reading in conjunction with the Biosecurity Act 2015 which provides powers of authorised officers, analysts and permit mechanisms, and carries substantial transitional and saving provisions that preserve existing permits, instruments and appointments (s 2B; Schedule 2 Parts 6 and associated clauses).
The Act’s stated primary objects (inserted at s 2A) are to protect human health by intervening early in the agricultural production process to prevent unsafe chemical residues entering the human food chain, to facilitate international trade by supporting compliance with residue requirements of trading partners, and to protect animal welfare (s 2A). Those expressed purposes are the policy claims the legislature attaches to the control mechanisms described above; the Act then operationalises these claims through criminal offences, professional authorisations and administrative powers.
The concrete effects on behaviour are: veterinarians must follow the Act’s authorisation, instruction and recordkeeping regimes when departing from label directions (ss 39A, 39D, 39E); owners and sellers must disclose withholding periods and refrain from slaughter/harvest before expiry (ss 40A, 40B); suppliers must not sell unregistered or nonconforming products or make false efficacy claims (s 41, s 43); and persons in possession of stock medicines must comply with any Agvet Code notice relating to dealing with the product (s 41A). Administrative powers allow the Secretary to impose targeted market interventions (s 46), including identification and recovery obligations that can impose costs on supply chains.
Costs, incentives and implementation risks are considered throughout this note in the sections that follow, each grounded in the statutory provisions cited.
Main concepts
The Act’s conceptual architecture turns on a small set of statutory definitions and recurring operational terms that determine when its prohibitions and obligations bite. The concepts to master are stock medicine, registered/unregistered status, use instructions, withholding period and the interaction with professional authorisations and permits.
Stock medicine
Stock medicine is defined by reference to the Agvet Code’s veterinary chemical product and is explicitly extended to substances prepared by a pharmacist under a veterinary practitioner’s instructions or prepared by a veterinary practitioner in the course of practice (s 3A(1)-(2)). The Act therefore covers both commercially manufactured veterinary chemicals and compounded preparations provided by veterinary or pharmacy professionals. The Act also uses the Agvet Code’s definitions for related terms such as substance and stock (s 3).
Registered vs unregistered
The Act repeatedly distinguishes registered stock medicines (those with registration under the Agvet Code) from unregistered stock medicines. The possession and use prohibitions and authorisations are framed around whether the medicine is registered (ss 37-39). The sale offence in s 41(1)(a) specifically prohibits selling an unregistered stock medicine, subject to the professional prescription exception in s 41(2).
Use instructions and labels
Use instructions are defined to include instructions required or permitted by the Agvet Code to be on a label, together with any instructions relating to use on stock or post-administration handling (s 4(1)-(2)). The Act treats any writing on the package as a label (s 4(3)). Use instructions include dosage, method and timing, targeted stock type, withholding period, precautions/contraindications and material under headings “Restraint” or “Restraints” (s 4(2)). A failure to read the label is not a defence to a use-contrary offence (s 39(4)). This makes label content legally determinative for many offences.
Withholding period and relevant withholding period
Withholding period is defined as the minimum interval between last administration and slaughter/harvest for human consumption (s 3). The “relevant withholding period” is the withholding period specified by the prescribing veterinary practitioner under s 39D, or, failing that, the period specified in the use instructions (s 3). This concept is central to owner/seller notification duties (s 40A) and to the prohibition on slaughter/harvest before expiry (s 40B).
Professional authorisations and defences
The Act creates a structured set of authorisations for departures from the general prohibitions. Veterinary practitioners are expressly authorised to use unregistered stock medicines or to use registered medicines contrary to use instructions, when done in the course of professional practice and in defined exempt circumstances (s 39A(1)-(3)). Persons other than vets are authorised to use unregistered stock medicines or to contravene use instructions where acting in accordance with written veterinarian instructions, a permit or an order (s 39B). Both authorisations operate only for the purpose of the s 38 (use of unregistered medicines) or s 39 (use contrary to use instructions) offences and do not remove requirements under other laws (ss 39A(4), 39B(4)).
Permits and orders
Permits under Part 21 of the Biosecurity Act 2015 are incorporated into the Act’s authorisation and compliance regime (see s 3 definition of permit and s 2B reading in conjunction with Biosecurity Act). The Secretary also has direct order-making power under s 46 to ban or regulate supply/use, require recovery and make other operational provisions such as tagging and documentation; these orders have publication, service and tabling requirements (ss 46-47). Orders may make provision for fees to hold authorities and the waiver of such fees (s 46(2A)(e)).
Enforcement concepts
Offences are mostly summary in nature with maximum penalties often set at 200 penalty units (or 400 for corporations) for serious breaches such as unregistered possession, misuse and improper sale (see ss 37-41, 46). The Act provides for forfeiture of stock medicines on conviction (s 56), court-awarded analysis costs (s 57) and administrative penalty notices by authorised officers (s 60A).
Cross-instrument concepts
The Act is to be read with the Agvet Code and Biosecurity Act 2015 (ss 2B, s 3 references). The Food Standards Code is brought into s 40(2) and (3) to frame the residue thresholds that vets must avoid causing. The Poisons and Therapeutic Goods Act can authorise conduct that would otherwise be an offence under this Act (s 6).
Market-relevant implications embedded in these concepts
Registering products, labelling and complying with use instructions create fixed compliance costs for manufacturers, importers and packagers (s 4, s 65). The authorisation regime channels discretion to veterinarians for off-label or compounding uses (ss 39A-39C), which preserves clinical flexibility but shifts compliance and record-keeping burdens onto veterinary practices (ss 39D-39E). Secretary orders (s 46) can impose one-off disruption and recovery costs on supply chains and wholesale purchasers and may impose fees for authorities to obtain or use certain stock medicines (s 46(2A)(e)). Advertising restrictions (s 43) constrain commercial speech about efficacy claims and may affect marketing strategies.
Who it affects
The Act allocates rights, duties and liabilities across a set of identifiable parties. Who is directly regulated, who bears compliance costs, and who may be exposed to enforcement are all specified in the statutory text.
Primary affected parties
Veterinary practitioners: The statute revolves significantly around veterinary professionals. They are the actors authorised to prescribe, supply and use stock medicines under professional clinical judgement (ss 39A-39C). They have explicit statutory duties when prescribing or supplying unregistered medicines or when authorising off-label uses on food producing stock, including preparing signed written instructions with enumerated particulars (s 39D), and maintaining records in accordance with regulations (s 39E). Maximum penalties apply for non-compliance (s 39C, s 39D, s 39E).
Owners and persons in charge of stock: Owners and people in charge have disclosure duties where treated stock have unexpired withholding periods (s 40A). They are prohibited from permitting slaughter/harvest/release of produce before the expiry of withholding periods (s 40B). These duties carry fines and are relevant to farmers, aggregators and stock managers.
Sellers, suppliers and packagers: Persons who sell stock medicines face prohibitions on selling unregistered products, mislabelling or selling products inconsistent with registration (s 41). Those in possession must comply with Agvet Code notices regarding handling (s 41A). Suppliers of treated stock must notify buyers of withholding periods and are subject to sales prohibitions (s 40A(2)).
Pharmacists: Pharmacists are explicitly included in definitions and exceptions. Pharmacists who prepare substances under veterinary instruction or who are authorised under the Poisons and Therapeutic Goods Act to supply restricted substances interact with the Act’s rules on possession and supply of unregistered products (s 3A(2); s 6; s 39C(3)).
Manufacturers and importers: While the Act regulates registration and sale, many registration and standard-setting functions derive from the Agvet Code and regulations (s 3, s 65). Manufacturers and importers must ensure product labelling and standards comply with the Agvet Code and this Act’s labelling/use instruction concepts, and may be affected by Secretary orders requiring recovery or disposal (s 46).
Authorised officers and analysts: Enforcement is exercised by authorised officers and analysts under the Biosecurity Act 2015, which the Act reads in conjunction with (s 2B). The transitional provisions preserve prior inspector/analyst instruments and convert existing inspectors/analysts to authorised officers/analysts under the Biosecurity Act (Schedule 2 Pt 6, clauses 27-29). Authorised officers can issue penalty notices prescribed in regulations (s 60A).
The Secretary (Secretary of Regional NSW): The Secretary is given administrative power to make orders banning or regulating supply/use, recall stock medicines, and to make detailed operational requirements such as tagging, record-keeping, disposal and fees (s 46). The Secretary also delegates powers (s 64) and must publish and service orders (s 46(3), 47).
Secondary effects and market actors
Processors, exporters and trade intermediaries: The expressed objects (s 2A) include facilitating international trade by preventing illegal or unsafe residues. Mechanically, orders under s 46 that address trade risks and tagging/record requirements (s 46(2A)(a)-(c)) can directly affect export supply chains. Exporters will be affected if residues or record-keeping obligations cause rejection of consignments or add traceability costs.
Agricultural service providers: Third-party contractors who treat stock on behalf of owners must provide written instructions to the owner/person in charge (s 39F) and follow any veterinary instructions (s 39B), making contractors’ compliance behaviour relevant.
Who pays and who decides
Who pays: Compliance costs fall on veterinary practices (administrative time, record-keeping), stock owners and persons in charge (tagging, delay to marketing, disclosure duties), suppliers (labelling, documentation), manufacturers/importers (registration, labelling, potential product withdrawal or recall costs), and purchasers/exhibitors where withholding periods delay sale. Fines and forfeiture (ss 56, 57, 60) are direct monetary costs for offenders.
Who decides: Clinical decisions by veterinary practitioners determine authorised departures from label use (s 39A). The Secretary decides supply/use bans and recall orders (s 46) and can fix fees for authorities (s 46(2A)(e)). The Governor makes regulations implementing standards and offences (s 65). Authorised officers make enforcement decisions and may issue penalty notices under prescribed circumstances (s 60A).
Effects on private enterprise and choice
The regime restricts the free market supply of medicines that are unregistered and constrains advertising claims (s 41, s 43). It retains professional discretion through veterinary authorisations but shifts significant compliance and documentation burdens onto clinical practices (ss 39D-39E) and owners (ss 40A-40B). Secretary powers to impose identification and recovery obligations (s 46(2A)(a)-(b)) can impose compliance costs and disruption on supply chains. The possibility of fee-setting for authorities (s 46(2A)(e)) introduces a potential cost barrier to entry for small operators in specialist medicine markets.
Key duties and rights
The Act imposes specific statutory duties and confers limited statutory rights or authorisations. Below are the duties, rights and their legal character as set out in the text, with the relevant sections.
Obligations on veterinary practitioners
Authorisation and limitation: A veterinary practitioner is authorised to use an unregistered stock medicine, or to use a registered medicine contrary to label instructions, only if the use is in the course of professional practice, for animals under their care, and in specified exempt circumstances (s 39A(1)-(2)). Those exempt circumstances include treatment of an individual animal from a group where no other animal from the same property is being treated with that medicine at about the same time, use under a permit, or compliance with an order under s 46 (s 39A(3)).
Prescription and supply constraints: A veterinary practitioner must not prescribe or supply a stock medicine for use by a person unless the veterinary practitioner is authorised by this Act to use the stock medicine on that stock (s 39C(1)-(2)). There is a particular restriction on prescribing or supplying an unregistered stock medicine for use on stock (other than non-food species) unless the product is a registered human pharmaceutical or compounded by the vet or a pharmacist on the vet’s prescription (s 39C(3)). Maximum penalty for breaches is 100 penalty units (s 39C).
Written instructions and disclosure: Where a veterinary practitioner prescribes/supplies an unregistered stock medicine for a food producing species, prescribes/supplies a registered stock medicine in a manner contrary to instructions for such species, or prescribes/supplies a restricted substance for major food producing species, the practitioner must give the recipient and supplier written instructions and explain any instructions that will override use instructions (s 39D(1)-(2)). The written instructions must be signed, dated and include specified particulars: identification of stock, owner’s name, particulars identifying the medicine and active constituent, intended stock type, withholding period (explicitly including “no withholding period” if none required), dosage, frequency, length and manner of treatment, and any additional prescribed matters (s 39D(3)-(4)). Penalty up to 200 penalty units (s 39D).
Record-keeping: Practitioners must keep records, in accordance with regulations, relating to prescriptions/supply/use of unregistered medicines on food producing species, and of registered medicines used contrary to instructions on major food producing species, and of restricted substances when used on major food producing species (s 39E). Maximum penalty 100 penalty units (s 39E).
Duties on persons who use stock medicines (non-veterinary)
Use authorisation: Non-veterinary persons are authorised to use unregistered stock medicines or use medicines contrary to use instructions when the use is in accordance with written veterinary instructions, a permit, or an order under s 46 (s 39B(2)). Additional conditions apply for use on particular non-major food producing species if use instructions indicate use on major food-producing species, including compliance with dosage, contraindications, withholding periods and “Restraint” instructions (s 39B(3)).
Written advice to owner: A person who is not a veterinary practitioner and who uses a stock medicine on food producing stock where they are not an employee of the owner must ensure the owner/person in charge is given written instructions indicating how treated stock can be identified and the use instructions or any variation supplied by a vet (s 39F). Penalty up to 100 penalty units; for corporations 200 (s 39F).
Duties on owners and persons in charge of stock
Buyer information: Owners must inform any person they have made arrangements with to sell the stock if the stock has been treated and a relevant withholding period has not expired, and must inform when the period will expire (s 40A(1)). Persons in charge (who are not owners) must also inform prospective buyers (s 40A(1A)). Sellers must inform any buyer or potential buyer orally or in writing before sale that the stock was treated and when the withholding period will expire (s 40A(2)). Maximum penalties in s 40A are up to 200 penalty units (400 for corporations).
Avoiding early slaughter/harvest: A person must not cause or permit slaughter for human consumption, harvest of wool/fibre/milk/eggs for human consumption, or release of honey for human consumption before the relevant withholding period expires (s 40B(1)). Penalty up to 200 penalty units (400 for corporations).
Duties on sellers and distributors of medicines
Sale restrictions and standards: A person must not sell an unregistered stock medicine, sell under the name of a registered stock medicine that does not conform with the registered composition if the seller knows the product is non-conforming, sell a medicine that fails to meet prescribed standards, or sell a registered product while making efficacy claims for unregistered uses (s 41(1)(a)-(d)). Maximum penalties are 200 penalty units (400 for corporations). s 41(2) preserves a prescription exception for sale of prescribed unregistered stock medicine by a veterinary practitioner.
Duties under Secretary orders and Agvet Code notices
Compliance with orders and notices: Persons must comply with Secretary orders under s 46 and with AGVET Code notices under s 41A if they are aware of such a notice; contravention of a s 46 order without reasonable excuse is an offence (s 46(6)). Section 41A requires persons who have a stock medicine in their possession and are aware of a s 55 Agvet Code notice to deal with the product in accordance with that notice (s 41A).
Rights and administrative mechanisms
Authorised departures: The Act grants limited statutory rights to veterinary practitioners and to persons acting under their written instructions to use medicines off-label or to use unregistered products in specified circumstances (ss 39A-39B). Those are rights conditional on recordkeeping and written instruction obligations.
Appeals, tabling and disallowance: Orders under s 46 are subject to tabling and disallowance processes under the Interpretation Act 1987 (s 47(3)). Procedural publication requirements are set out in s 46(3)-(5).
Delegation: The Secretary may delegate powers under the Act (excluding the power of delegation itself), allowing administrative decisions to be devolved within the Department (s 64).
Interaction with other legal duties
The Act does not displace requirements under other laws. Section 39A(4) and s 6A(3) expressly note that authorisations under this Act do not exempt persons from requirements of any other Act or law. Section 6 creates a carve-out that an act authorised under the Poisons and Therapeutic Goods Act 1966 does not constitute an offence under this Act, but only where that other Act authorises the conduct.
Compliance and enforcement features
Penalty notices may be issued by authorised officers for prescribed penalty notice offences (s 60A), and the Fines Act 1996 applies to penalty notices (s 60A(3)). Courts may award reasonable analysis costs against convicted defendants where an analyst prepared an analysis under the Act (s 57). Forfeiture of stock medicines is available on conviction (s 56). The usual summary proceedings, limitation periods and sentencing caps in s 60 apply.
Penalties and enforcement
The Act provides a matrix of criminal penalties, administrative enforcement tools, civil remedies such as forfeiture and court-awarded analysis costs, and administrative penalties via penalty notices. Enforcement is exercised through authorised officers under the Biosecurity Act and courts.
Monetary penalties
Most principal offences carry a maximum penalty of 200 penalty units for individuals, and 400 penalty units for corporations. These include:
Possession of unregistered stock medicines (s 37).
Use of an unregistered stock medicine on food producing species (s 38).
Use of a registered stock medicine contrary to use instructions (s 39).
Failure to provide required written instructions by veterinary practitioners in certain circumstances (s 39D carries a maximum penalty of 200 penalty units).
Owner/seller disclosure duties (s 40A) and prohibitions on slaughter/harvest before expiry of withholding period (s 40B) carry up to 200 penalty units (400 for corporations).
Sale-related offences such as selling unregistered medicines, misbranding or non-conforming products, and false efficacy statements carry up to 200 (400 for corporations) (s 41).
Contravention of a Secretary order under s 46 without reasonable excuse carries up to 200/400 penalty units (s 46(6)).
Lesser offences may be created by regulation with penalties not exceeding 50 penalty units (s 65(3)).
Forfeiture and disposal
On conviction the court may order forfeiture to the Crown of any stock medicine to which the conviction relates; forfeiture may extend to all similar articles and packages in the defendant’s possession at the time of the offence (s 56(1)-(2)). The Minister may direct disposal of forfeited stock medicines (s 56(3)).
Costs of analysis
If an analyst has analysed a substance under the Act and the person is convicted of an offence in respect of that substance, the court may award the reasonable expenses of and in connection with the analysis against the defendant as part of prosecution costs (s 57).
Summary proceedings, limitation and jurisdiction
Proceedings for offences may be dealt with summarily in the Local Court or before the Supreme Court in its summary jurisdiction (s 60(1)). If proceedings are commenced in the Local Court, the Court’s maximum monetary penalty power is the lesser of 100 penalty units or the statutory maximum for the offence (s 60(2)). The Local Court information must be laid within 12 months after the time when the offence is alleged to have been committed (s 60(4)).
Penalty notices and administrative enforcement
An authorised officer may issue a penalty notice for an offence prescribed in the regulations as a penalty notice offence (s 60A(1)-(2)). The Fines Act 1996 applies; the penalty amount is prescribed by regulation and cannot exceed the maximum court-imposed penalty for the offence (s 60A(4)). The Act preserves other enforcement options (s 60A(5)).
Service, publication and procedural safeguards
Secretary orders under s 46 must be published in the Gazette and in other manners the Secretary considers likely to reach affected persons, and must be served if they apply to named persons (s 46(3)). Orders take effect upon service to named persons or publication for general orders (s 46(5)). Orders are subject to tabling and disallowance under the Interpretation Act 1987 (s 47(3)), which provides a parliamentary oversight mechanism for such executive instruments.
Delegation and authorised officers
The Secretary may delegate powers under the Act (s 64). Enforcement on the ground is exercised by authorised officers and analysts under the Biosecurity Act 2015; Schedule 2 Pt 6 preserves and converts existing inspectors and analysts to authorised officers and analysts and continues their instruments in force where relevant (Schedule 2, clauses 27-29). This creates an integrated enforcement architecture with the Biosecurity Act.
Reasonable excuse and defences
The Act builds certain statutory defences into its enforcement contours: for example, it is a defence to some prosecutions under s 38 and s 39 if the defendant establishes authorisation under ss 39A or 39B (s 38(2); s 39(2)). Where a person did not know, and had no reasonable grounds for suspecting, that a stock medicine was unregistered, that is a defence to certain offences (s 42(1)). For sale or possession offences relating to labels, the statute contains a defence where instructions appeared on the package and the person did not know, nor had reasonable grounds to suspect, that those instructions were incorrect (s 39(3); s 40B(2)(c)).
Enforcement costs and incentive structure
The Act enables the State to seek both criminal fines and recovery of analysis costs; forfeiture also removes offending stock medicines from commerce. Authorised officers can issue penalty notices under delegated powers in the Biosecurity Act, enabling on-the-spot enforcement where the regulations prescribe the offence as a penalty notice offence (s 60A). Secretary orders under s 46 permit swift administrative interventions, including recall and recovery obligations which may displace normal commercial contract expectations. These enforcement mechanisms create deterrent incentives but also impose compliance costs that fall disproportionately on smaller operators (vets, small farmers, small packagers) who must maintain records, respond to recalls and demonstrate compliance.
How it interacts with other laws
The Act is explicitly designed to operate in a multi-instrument regulatory environment. The text sets out multiple specific interactions and incorporations.
Biosecurity Act 2015
The Act is to be read in conjunction with the Biosecurity Act 2015, which provides the operational powers of authorised officers and other administrative matters relevant to this Act (s 2B). Schedule 2 Part 6 contains provisions ensuring continuity of instruments and appointments on the repeal of certain repealed provisions and converts inspectors/analysts to authorised officers/analysts under the Biosecurity Act (Schedule 2, clauses 21, 27-29). Permits under this Act are continued and treated as permits under Part 21 of the Biosecurity Act with conditions carried across and subject to cancellation under Part 21 (Schedule 2, clause 25). Authorised officers under the Biosecurity Act may exercise functions of inspectors under repealed provisions (Schedule 2, clause 28). Penalty notice machinery relies on authorised officers under the Biosecurity Act (s 60A(6)).
Agvet Code and Agricultural and Veterinary Chemicals (New South Wales) Act 1994
The definition of Agvet Code in s 3 anchors statutory definitions and the registration regime. Many substantive standards and label requirements are those required by or under the Agvet Code and the Agricultural and Veterinary Chemicals (New South Wales) Act 1994 (s 4(1); s 41A references s 55 of the Agvet Code). Section 6A expressly treats the Agvet Code’s section 73 as permitting veterinary practitioners to do things that would otherwise constitute offences under this Act, thereby creating a specific exemption pathway for practitioners under national chemical regulatory law (s 6A). The Act requires persons to comply with notices under s 55 of the Agvet Code (s 41A).
Poisons and Therapeutic Goods Act 1966 and Therapeutic Goods Act 1989
Section 6 provides that acts authorised under the Poisons and Therapeutic Goods Act 1966 do not constitute offences under this Act, creating an operational cross-authorisation where other State controlled-substances law authorises conduct. The Act’s definition of registered human pharmaceutical and the reference in s 39C(3) to registered human pharmaceuticals shows an intended bridge to the Commonwealth Therapeutic Goods Act 1989 and its Australian Register of Therapeutic Goods.
Food Act 2003 and Food Standards Code
Section 40(2) and (3) expressly tie veterinary variation obligations to the Food Standards Code. Veterinary practitioners must not take actions that are reasonably likely to cause stock or products derived from stock to contain residues that contravene the Food Standards Code either during or after any relevant withholding period (s 40(2)). Section 40(3) states the Food Standards Code has the same meaning as in the Food Act 2003, linking residue thresholds and public health standards to the Act’s use restrictions.
Interpretation Act 1987
Orders under s 46 are subject to the tabling and disallowance provisions in the Interpretation Act 1987, specifically ss 40 and 41 (s 47(3)). This subjects Secretary-made orders to parliamentary oversight and potential disallowance.
Fines Act 1996
Penalty notices issued by authorised officers are to be administered in accordance with the Fines Act 1996 (s 60A(3)). The Fines Act provides the procedural and enforcement mechanics for penalty notices.
Veterinary Practice Act 2003
The Act imports the definition of veterinary practitioner from the Veterinary Practice Act 2003 (s 3). This creates licensing and conduct linkages between professional regulation and statutory authorisations/obligations in this Act.
Regulatory harmonisation and transitional continuity
The Act contains numerous savings and transitional provisions (Schedule 2) designed to maintain continuity of permits, instruments, appointments and obligations following repeals and the introduction of the Biosecurity Act (Schedule 2 clauses 21-26). Relevant instruments in force immediately before repeal continue to have effect and may be withdrawn, varied or cancelled in accordance with this Act as if the repealed provision remained in force (Schedule 2, clause 21). The scheme therefore preserves and migrates feet-on-the-ground enforcement and permitting into the Biosecurity Act while maintaining the Act’s substantive controls over medicines, labelling, use and trade.
Practical cross-compliance implications
Practitioners and businesses must navigate concurrent obligations: a veterinary practitioner following a permit under the Biosecurity Act still must satisfy the written instruction and record-keeping duties of this Act (s 39D, s 39E; Schedule 2, clause 25). A person authorised under the Poisons Act may be exempt from criminal liability under this Act for particular conduct, but s 39A(4) and s 6A(3) emphasise that authorisation under one instrument does not immunise one from other statutory obligations. Secretary orders that make provision for tagging, documentation and fees (s 46(2A)) must be read alongside Agvet Code notices and Biosecurity Act permit conditions.
Amendment history
The Act’s text contains embedded amendment annotations; these are the only authority used here. The Act has been amended repeatedly since its enactment and the notes indicate the years and instruments effecting change. The most relevant historical changes, as reflected in the in-text amendment notes, include:
1989: This Act was enacted as the Stock Medicines Act 1989 (s 1 notes reference the Act citation).
1993-1999: Multiple amendments in the 1990s modified definitions and inserted new provisions as evidenced by amendment notes across s 3 and elsewhere (Am 1993 No 4; Am 1994 No 53; Am 1995 No 47; Am 1998 No 116; Am 1999 No 80, Sch 3.8). These amendments included early definitional changes and labelling/use instruction clarifications.
2004 Stock Medicines Amendment Act 2004: A major consolidation and reform occurred in 2004. The 2004 amendments repealed numerous parts (Parts 2-4 and many sections, see Pt 2 notes) and inserted key provisions now extant in Part 5 and Part 6. The 2004 amendments also inserted the authorisations for veterinary practitioners, the s 39-series (s 39A-39F), and replaced earlier arrangements for boards and inspectors (see Schedule 2 Pt 5 clauses 17-19 and associated repeal notes). The amendment notes across many sections reference 2004 No 89 Sch 1 and Sch 2.2, showing broad reworking.
2012 and subsequent amendments: The Act was amended in 2012 (Am 2012 No 89, Sch 5) with additions to definitions and record-keeping (s 3, s 39E). The Agvet Code-related and Biosecurity Act interactions were later expanded.
2015 Biosecurity Act integration: The Biosecurity Act 2015 triggered significant repeal and transitional provisions, creating the current reading-in relationship (s 2B, Schedule 2 Pt 6). The 2015 amendments reworked the inspector and analyst regimes and preserved continuity for existing permits and instruments (Am 2015 No 24, Sch 8.36).
2019-2022: Further amendments updated advertising offences, order tabling provisions, service provisions and delegation (Am 2019 No 14 Sch 2.22; Am 2020 No 30 Sch 1.44; Am 2022 No 59 Sch 1.35, Sch 3.64). For example, s 43’s amendments in 2019 and 2022 updated advertising-related offences.
2025: The definition of stock medicine shows an amendment note referencing 2025 No 58, Sch 11 (s 3A), indicating a legislative change to the definition as recently as that annotation.
Schedule and transitional amendments
Schedule 2 contains multiple savings and transitional provisions that followed the 2004 and 2015 amendment programs. Clause 17 dissolved the former Stock Medicines Board and dealt with its members on repeal (Schedule 2 Pt 5). Schedule 2 Pt 6 includes the Biosecurity Act consequential provisions ensuring continued effect of relevant instruments, conversion of appointments and continuation of permits (clauses 21-29).
Regulatory power expansions and procedural updates
Over time the Governor’s regulation-making power in s 65 has been maintained but expanded in how regulations can address standards, labelling and fees (s 65(2)). The Secretary’s order power (s 46) has been maintained and is subject to more recent tabling/disallowance and publication updates (s 47; amendments noted 2019 No 14 Sch 2.22).
Limitations on this amendment summary
The annotations within the Act provide the authoritative list of amending instruments and years used here. This summary highlights major points referenced in those annotations but does not purport to be a full chronological legislative history beyond the in-text amendment notes. All citations to amendments in this section are drawn from the Act’s own marginal notes and amendment footnotes.
Litigation history
The Act as provided contains no judicial decisions, citations to cases, or a litigation history within its text. The statute supplies defences, procedural rules and examples of matters that may be pleaded in court (for example, defences under ss 38(2), 39(2)-(3), 42(1)), but no court decisions are recorded in this text.
What the Act supplies for litigation practice
The Act sets out statutory defences and evidential matters that will be relevant in prosecutions: for example, s 39(3) and s 40B(2)(c) treat the presence of instructions on a package as potentially exculpatory where the defendant neither knew nor had reasonable grounds to suspect those instructions were incorrect. Section 42(1) provides a specific defence of lack of knowledge concerning unregistered status for certain offences. These statutory provisions will structure defence strategies and evidentiary enquiries where prosecutions proceed.
The enforcement architecture assigns summary jurisdiction for most offences, includes time limits for laying information in the Local Court (s 60(4)), and provides for penalty notices (s 60A). These jurisdictional and procedural aspects are material to prosecutorial decisions and defence planning.
For forfeiture and disposal of goods, s 56 gives courts power to order forfeiture and the Minister direction over disposal. Challenges in litigation may arise around whether forfeiture and disposal were properly ordered, but the Act itself does not record adjudications on these powers.
Absence of case law in the source
Because no cases are cited or summarised in the legislative text provided, no analysis of judicial interpretation, appellate decisions or precedential developments can be offered from this source. Practitioners should seek relevant case law outside this text for authoritative judicial constructions of ambiguous terms such as “reasonable grounds for suspecting”, “likely to endanger the health of the public”, or the scope of veterinary authorisations under s 39A.
Gotchas
This section identifies statutory features that commonly produce compliance risk, unintended costs or legal ambiguity for practitioners, industry participants and enforcement officers. Each point is grounded in the Act’s text.
Label as law
Use instructions are defined to include any instructions required or permitted by or under the Agvet Code to be on the label and any writing on the package (s 4(1), s 4(3)). The Act treats label content as legally determinative. Because failure to read use instructions is expressly not a defence (s 39(4)), the presence or accuracy of label statements will often decide liability. Risk: businesses cannot rely on “I did not read the label” defences.
Narrow veterinary authorisations but broad residual legal obligations
Veterinary practitioners have express authorisations to use unregistered products or deviate from label directions in certain circumstances (s 39A), but those authorisations operate only for the purposes of s 38 and s 39 and do not relieve the practitioner from other statutory obligations (s 39A(4)). Furthermore, s 6A(3) clarifies that exemptions under the Agvet Code do not exempt from other Acts or laws. Risk: a vet may be authorised to use a substance under the Act but still be required to satisfy Poisons Act, Therapeutic Goods Act, animal welfare, or export compliance obligations.
Stringent written instruction and record-keeping requirements
Where vets prescribe or supply unregistered medicines for food producing species or use registered medicines contrary to instructions on major food producing species, they must provide written instructions signed and dated with specified particulars (s 39D(2)-(3)) and maintain records as required by regulation (s 39E). Risk: failure to include required particulars such as naming the active constituent or explicitly stating the withholding period (or that none is required) can attract penalties (s 39D) and hinder downstream trade or export compliance.
Withholding period complexity and buyer disclosure obligations
The “relevant withholding period” is either the period specified by the prescribing vet under s 39D or the period in the use instructions (s 3). Owners and persons in charge must inform buyers/potential buyers of treatment and expiry of relevant withholding periods (s 40A(1)-(2)). Failure to do so is an offence with significant penalties. Risk: multiple actors (owner, person in charge, seller) may each face liability and disputes can arise about who had knowledge and responsibility.
Substance registration status uncertainty
Possession of unregistered stock medicines is criminal unless prescribed for non-food animals or held by pharmacists/vets for non-food use (s 37(1)). Section 42(1) provides a defence where the person did not know and had no reasonable grounds to suspect the product was unregistered. But the onus of proving reasonable ignorance lies with the defendant. Risk: supply-chain participants who accept consignments must have systems to verify registration to avoid criminal exposure.
Secretary’s order power and recall/fee provisions
Orders under s 46 can require recovery of product, tagging, record-keeping, documentation accompanying stock and establishment of authorities for purchase/use with fees or fee waivers (s 46(2)-(2A)(b),(c),(e)). Those orders take immediate effect on publication or service (s 46(5)) and are subject to parliamentary tabling/disallowance (s 47). Risk: sudden administrative orders can impose cost and operational burdens on suppliers and owners, and fees for authorities can act as an access cost for certain products.
Advertising and claims risk
Section 43 prohibits making efficacy claims for uses other than those registered and prohibits false or misleading claims. The maximum penalty is 200 (400 for corporations). Risk: marketing materials that repeat clinical anecdotes or unregistered use claims can trigger enforcement; this may constrain promotional speech and require marketing teams to align materials with registered indications.
Interplay with other statutory regimes
The Act preserves that compliance with another authorising regime like the Poisons and Therapeutic Goods Act negates an offence under this Act (s 6), but veterinary authorisations do not displace other obligations (s 39A(4)). Risk: operators must coordinate compliance across multiple statutes, such as ensuring that a medicine permitted under the Poisons Act is not nevertheless treated as unregistered for Agvet or export purposes.
Penalty notice and summary jurisdiction traps
Many offences are summary with Local Court limitations; Local Courts have capped monetary jurisdiction where proceedings are commenced there (s 60(2)). Penalty notices may be issued by authorised officers under s 60A, but only for offences prescribed by regulation as penalty notice offences (s 60A(2), (4)). Risk: businesses served with penalty notices must understand whether the offence is a penalty notice offence and the procedural consequences under the Fines Act.
Record and labelling compliance obligations may be outsourced at cost
The Act requires specific labelling, documentation and the making/keeping of records (s 65(2)(f)-(h); s 46(2A)(b)). These duties can be operationally burdensome and often require firms to upgrade IT, traceability and packaging processes. Risk: small businesses bear comparatively higher per-unit compliance costs.
Continuity and transitional instruments
Permits and appointments made under prior versions of the Act continue post-amendment by operation of Schedule 2 but may be migrated into Biosecurity Act frameworks (Schedule 2, clauses 21, 25). Risk: permit-holders must confirm whether their permits have been adapted under Part 21 of the Biosecurity Act and check for any new conditions arising from migration.
How to comply
This section sets out concrete, source-grounded steps organisations and practitioners should take to align conduct with the statutory text. Each instruction references the relevant statutory provision.
Verify registration before possession, sale or use
Check whether a stock medicine is a registered stock medicine under the Agvet Code before possessing, selling or using it, especially on food producing species. Possession of unregistered stock medicine is an offence except in narrow professional circumstances (s 37), and sale of unregistered medicines is prohibited (s 41(1)(a); s 41(2) exception for veterinary prescription). Where doubt exists, treat the product as unregistered until confirmation is obtained. Maintain supplier verification records as evidence for the s 42 defence if needed.
Ensure labels and use instructions comply with the Agvet Code and are present
Use instructions are defined to include label content and any writing on the package (s 4(1), (3)). Ensure that packaging contains the dosage, method, targeted stock types, withholding period, precautions/contraindications and any “Restraint” information (s 4(2)). Because failure to read the label is not a defence (s 39(4)), make labelling a compliance priority.
When deviating from label instructions, follow veterinary authorisation procedures
Veterinary practitioners who propose to use unregistered medicines on food producing species or to use registered medicines contrary to use instructions must confirm they are acting in the course of professional practice and within the exempt circumstances (s 39A). If use is permitted, provide the signed, dated written instructions required by s 39D and ensure those instructions include stock identification, owner details, the medicine and active constituent, the withholding period (explicitly stated), dosage, frequency, duration and manner of administration (s 39D(3)). Keep contemporaneous records in line with regulatory requirements (s 39E).
Non-veterinary users must secure written veterinary instructions and pass them on
Persons who are not veterinary practitioners must act only in accordance with written instructions from a vet, under a permit, or in compliance with a s 46 order (s 39B(2)). After treating food producing stock, they must ensure the owner or person in charge receives written instructions identifying treated stock and the applicable use instructions or veterinarian variations (s 39F).
Manage withholding periods and buyer disclosure
Record and calculate relevant withholding periods carefully. The relevant withholding period is the one specified by the prescribing vet under s 39D or, if none, the period in the use instructions (s 3). Owners and persons in charge must inform buyers/potential buyers when treated stock are subject to relevant withholding periods and cannot permit slaughter/harvest/release for human consumption before expiry (ss 40A-40B). Put processes in place for tagging treated animals or otherwise identifying them in line with any Secretary or Biosecurity Act requirements.
Prepare for Secretary orders and Agvet Code notices
Monitor for Secretary orders under s 46 and Agvet Code s 55 notices, which may require specific dealing practices, recovery and disposal actions, tagging and record-keeping, and may fix fees for authorities (s 46(2), (2A); s 41A). Where an order applies to you as a named person, it will be served; where it is general it will be published in the Gazette (s 46(3), (5)). Ensure operational capacity to respond to recall/recovery instructions.
Maintain records and be ready to produce them
Keep records required by regulation regarding prescriptions, supplies and uses of unregistered medicines on food producing species and uses of registered medicines contrary to instructions on major food producing species (s 39E). Maintain documentation of veterinary written instructions, buyer notifications, sale records showing disclosure of withholding periods (s 40A(2)), and any communications about tags or identification demanded by orders (s 46(2A)(a)). Regulations may specify forms and record-
(a) any buffalo, cattle, deer, fish (other than ornamental fish), goat, kangaroo, pig, poultry, rabbit, sheep, bee, crustacean or mollusc, or
(b) any other type or species of stock prescribed by the regulations for the purposes of this definition.
Note.
The definition of food producing species is modelled on the definition in the Agvet Code.
major food producing species means—
(a) cattle, sheep, pigs or chickens, or
(b) any other type or species of stock prescribed by the regulations for the purposes of this definition.
package includes anything in or by which any stock medicine is covered, enclosed, contained or packed.
permit means a permit under Part 21 of the Biosecurity Act 2015 that is in force.
pest has the same meaning as in the Agvet Code.
prescribe, in relation to a stock medicine, means the giving by a veterinary practitioner of a written instruction to a person for the supply to that person of the stock medicine (or the supply of stock food treated with the stock medicine)—
(a) by a pharmacist, or
(b) by a person licensed or authorised under the Poisons and Therapeutic Goods Act 1966 to supply a restricted substance that is a stock medicine.
registered human pharmaceutical means a therapeutic good (as defined in the Therapeutic Goods Act 1989 of the Commonwealth) that is listed or registered in the Australian Register of Therapeutic Goods maintained under that Act.
registered stock medicine means a stock medicine that has registration under the Agvet Code.
relevant withholding period, in relation to a stock medicine, means—
(a) the withholding period (if any) specified under section 39D by the veterinary practitioner who prescribed or supplied the stock medicine for the treatment of the stock, or
(b) if paragraph (a) does not apply, the withholding period specified in the use instructions.
Secretary means the Secretary of Regional NSW.
sell includes do, or cause or permit the doing of, any of the following—
(a) expose for sale,
(b) send or deliver for sale or on sale,
(c) dispose of under a hire purchase agreement,
(d) exchange,
(e) offer to do an act that would be a sale (including an act referred to in any of the above paragraphs),
and, for example, includes supply under a contract for work or labour that also involves the supply of any thing.
stock has the same meaning as animal in the Agvet Code.
stock medicine—see section 3A.
substance has the same meaning as in the Agvet Code.
supply includes do, or cause or permit the doing of, any of the following—
(a) sell,
(b) give,
(c) offer to do an act that would be a supply (including an act referred to in any of the above paragraphs).
tag means a tag attached to an animal in accordance with any requirements relating to the identification of animals specified by or under the Biosecurity Act 2015.
use instructions—see section 4.
veterinary practitioner has the same meaning as in the Veterinary Practice Act 2003.
withholding period, in relation to a stock medicine, means the minimum period which should elapse between the last administration of the stock medicine and—
(a) the slaughter for human consumption of an animal to which the stock medicine has been administered, or
(b) the harvesting of wool, fibre, milk or eggs or the release of honey for human consumption from an animal to which the stock medicine has been administered.
(2) In this Act, references to stock include references to individual members of any species or class of stock.
(3) Notes included in this Act do not form part of this Act.
s 3: Am 1993 No 4, Sch 2 (1); 1994 No 53, Sch 1; 1995 No 47, Sch 1 (1) (2); 1998 No 116, Sch 4 [1]; 2004 No 89, Schs 1 [2]–[5], 2.2 [1] [2]; 2006 No 59, Sch 7.20; 2010 No 34, Sch 2.49; 2010 No 59, Sch 2.95; 2012 No 89, Sch 5 [1]; 2014 No 33, Sch 1.15; 2015 No 24, Sch 8.36 [2]; 2019 No 14, Sch 2.22[1] [2]; 2020 No 30, Sch 3.39.
4 Use instructions
4 Use instructions
4 Use instructions
(1) In this Act, use instructions, in relation to a stock medicine, means the instructions that—
(a) are on the label attached to the package in which the stock medicine is contained and are required or permitted by or under the Agvet Code to be on the label when sold, and
(b) relate to the use of the stock medicine on stock or the way in which stock, or any product from stock, is to be dealt with after the administration of the stock medicine.
Note.
Products from stock would include, for example, milk, wool, honey and eggs.
(2) Without limiting subsection (1), use instructions include the following matter appearing on the label attached to the package of a stock medicine—
(a) any instructions, directions, recommendations or indications as to the dosage rate for, and method and timing of administration of, the stock medicine,
(b) the type of stock on which the stock medicine is intended to be used or should not be used,
(c) any withholding period,
(d) any precautions and contraindications,
(e) any instructions, directions or recommendations appearing under the heading “Restraint” or “Restraints”.
(3) In this Act, a reference to a label attached to a package includes a reference to writing appearing on the package.
s 4: Am 1999 No 80, Sch 3.8 [1]. Rep 2004 No 89, Sch 1 [6]. Ins 2015 No 24, Sch 8.36 [3].
5 Use of stock medicines
5 Use of stock medicines
5 Use of stock medicines
(1) In this Act, a reference (however expressed) to the use of a stock medicine on stock, or the treatment of stock with a stock medicine, includes a reference to the administration to stock of stock food treated with a stock medicine.
(2) In this Act, a reference (however expressed) to using a stock medicine in a manner contrary to the use instructions includes a reference to dealing with stock on which the stock medicine has been used in a manner contrary to the use instructions and includes, in particular, not observing the withholding period or varying the withholding period in relation to the stock medicine.
s 5: Rep 1999 No 80, Sch 3.8 [2]. Ins 2015 No 24, Sch 8.36 [3].
3A Definition of “stock medicine”
3A Definition of “stock medicine”
3A Definition of “stock medicine”
(1) In this Act, stock medicine has the same meaning as veterinary chemical product in the Agvet Code, except as provided by this section.
(2) Stock medicine also includes a substance or mixture of substances that is—
(a) prepared by a pharmacist in accordance with the instructions of a veterinary practitioner, or
(b) prepared by a veterinary practitioner in the course of the practice of his or her profession.
(3) (Repealed)
s 3A: Ins 2012 No 89, Sch 5 [2]. Am 2025 No 58, Sch 11.
6 Activities authorised under Poisons and Therapeutic Goods Act 1966
6 Activities authorised under Poisons and Therapeutic Goods Act 1966
6 Activities authorised under Poisons and Therapeutic Goods Act 1966
A person does not commit an offence against this Act if the act or omission which would (but for this section) constitute the offence is authorised by or under the Poisons and Therapeutic Goods Act 1966.
s 6: Am 1999 No 80, Sch 3.8 [3].
6A Application of Agvet Code to veterinary practitioners and persons acting under the instructions of veterinary practitioners
6A Application of Agvet Code to veterinary practitioners and persons acting under the instructions of veterinary practitioners
6A Application of Agvet Code to veterinary practitioners and persons acting under the instructions of veterinary practitioners
(1) The object of this section is to expressly permit veterinary practitioners, and persons acting under the instructions of veterinary practitioners, to do things that other provisions of this Act impliedly permit them to do, and so to exempt them from certain offences arising under Part 4 of the Agvet Code.
(2) For the purposes of section 73 of the Agvet Code, it is declared that a veterinary practitioner is permitted to do anything—
(a) that constitutes an offence under this Act, or
(b) that would constitute such an offence (but for regulations under the Agricultural and Veterinary Chemicals (New South Wales) Act 1994 suspending provisions of this Act),
if the provision giving rise to the offence expressly excludes the veterinary practitioner from the application of that provision.
(3) Subsection (2) does not exempt a person from the requirements of any other Act or law.
(4) In this section—
do includes omit to do.
veterinary practitioner includes a person acting under the instructions of a veterinary practitioner.
s 6A: Ins 1995 No 47, Sch 1 (3). Am 2004 No 89, Sch 2.2 [3]–[5].
Part 2
Parts 2–4
7–36 (Repealed)
pt 2: Rep 2004 No 89, Sch 1 [7].
pt 2, div 1: Rep 2004 No 89, Sch 1 [7].
s 7: Am 1993 No 4, Sch 2 (2). Rep 2004 No 89, Sch 1 [7].
s 8: Am 1993 No 4, Sch 2 (3). Rep 2004 No 89, Sch 1 [7].
s 9: Rep 2004 No 89, Sch 1 [7].
s 10: Rep 2004 No 89, Sch 1 [7].
pt 2, div 2: Rep 2004 No 89, Sch 1 [7].
s 11: Rep 2004 No 89, Sch 1 [7].
s 12: Rep 2004 No 89, Sch 1 [7].
s 13: Am 1999 No 31, Sch 2.40 [1] [2]. Rep 2004 No 89, Sch 1 [7].
s 14: Rep 2004 No 89, Sch 1 [7].
pt 2, div 3: Rep 2004 No 89, Sch 1 [7].
s 15: Rep 2004 No 89, Sch 1 [7].
s 16: Rep 2004 No 89, Sch 1 [7].
s 17: Am 1999 No 31, Sch 2.40 [1] [2]. Rep 2004 No 89, Sch 1 [7].
ss 18–22: Rep 2004 No 89, Sch 1 [7].
pt 2, div 4: Rep 2004 No 89, Sch 1 [7].
pt 2, div 5 (ss 23–31): Rep 2004 No 89, Sch 1 [7].
pt 3: Rep 2015 No 24, Sch 8.36 [4].
s 32: Rep 2015 No 24, Sch 8.36 [4].
s 33: Rep 2015 No 24, Sch 8.36 [4].
s 34: Rep 2004 No 89, Sch 1 [8].
s 35: Rep 2004 No 89, Sch 1 [9].
pt 4 (s 36): Rep 2004 No 89, Sch 1 [10].
Part 5 Control of stock medicines
Part 5 Control of stock medicines
Part 5 Control of stock medicines
36A
36A (Repealed)
36A
s 36A: Ins 2004 No 89, Sch 1 [11]. Am 2004 No 89, Sch 2.2 [4]. Rep 2015 No 24, Sch 8.36 [5].
37 Possession of unregistered stock medicines
37 Possession of unregistered stock medicines
37 Possession of unregistered stock medicines
(1) A person must not have in his or her possession or custody an unregistered stock medicine unless—
(a) the stock medicine was prescribed or supplied by a veterinary practitioner, in the course of the practice of his or her profession, to deal with a particular condition of an animal or animals under his or her care (not being an animal or animals of a food producing species), or
(b) the person is a pharmacist or veterinary practitioner who has possession or custody of the stock medicine in the course of the practice of his or her profession for use otherwise than on an animal or animals of a food producing species.
(2) (Repealed)
Maximum penalty—200 penalty units or, for an offence by a corporation, 400 penalty units.
s 37: Am 1995 No 47, Sch 1 (4) (5); 1998 No 116, Sch 4 [2]; 2004 No 89, Schs 1 [12], 2.2 [4].
38 Use of unregistered stock medicines
38 Use of unregistered stock medicines
38 Use of unregistered stock medicines
(1) A person must not use an unregistered stock medicine on stock that is a member of a food producing species.
Maximum penalty—200 penalty units or, for an offence by a corporation, 400 penalty units.
(2) It is a defence to a prosecution for an offence against subsection (1) if the defendant establishes that the defendant was authorised by section 39A or 39B to use the unregistered stock medicine concerned.
s 38: Am 1995 No 47, Sch 1 (6) (7). Subst 2004 No 89, Sch 1 [13].
39 Use of registered stock medicine contrary to use instructions
39 Use of registered stock medicine contrary to use instructions
39 Use of registered stock medicine contrary to use instructions
(1) A person must not use a registered stock medicine in a manner that is contrary to the use instructions.
Maximum penalty—200 penalty units or, for an offence by a corporation, 400 penalty units.
(2) It is a defence to a prosecution for an offence against subsection (1) if the defendant establishes that the defendant was authorised by section 39A or 39B to use the registered stock medicine in the manner concerned.
(3) It is a defence to a prosecution for an offence against subsection (1) that—
(a) there were instructions for the use of the stock medicine on the label attached to the package of the stock medicine at the time of the commission of the offence, and
(b) the person, at that time, did not know, and did not have reasonable grounds for suspecting, that those instructions were not (either wholly or partially) the use instructions.
(4) It is not a defence to a prosecution for an offenc
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