Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2004

Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2004

S.R. No. 155/2004

table of provisions

RegulationPage

1.Objective

2.Authorising provision

3.Commencement

4.Revocation

5.Definition

6.Prescribed offences

7.Prescribed penalty

8.Infringement notices

9.Withdrawal of infringement notice

10.Payment of penalty

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SCHEDULES

SCHEDULE 1—Regulations Revoked

SCHEDULE 2—Infringements—Prescribed Offences

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S.R. No. 155/2004

Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2004

statutory rules 2004

S.R. No. 155/2004

Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2004

Agricultural and Veterinary Chemicals (Control of Use) Act 1992

S.R. No. 155/2004

Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2004

Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2004

S.R. No. 155/2004

Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2004

The Governor in Council makes the following Regulations:

Dated: 7 December 2004

Responsible Minister:

BOB CAMERON

Minister for Agriculture

diane casey

Clerk of the Executive Council

1.Objective

The objective of these Regulations is to provide for the issue of infringement notices under the Agricultural and Veterinary Chemicals (Control of Use) Act 1992.

2.Authorising provision

These Regulations are made under section 76 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992.

3.Commencement

These Regulations come into operation on 19December 2004.

4.Revocation

The Regulations listed in Schedule 1 are revoked.

5.Definition

r. 5

In these Regulations, "the Act" means the Agricultural and Veterinary Chemicals (Control of Use) Act 1992.

6.Prescribed offences

For the purposes of section 69(1) of the Act, the prescribed offences are the offences set out in Schedule 2.

7.Prescribed penalty

The penalty for a prescribed offence is 2 penalty units.

8.Infringement notices

(1)An infringement notice is in the prescribed form if it is in writing and refers to the fact that it is an infringement notice issued under section 69 of the Act.

(2)An infringement notice must contain the following particulars—

(a)the date on which the notice is issued;

(b)the number of the notice;

(c)the name and address of the person alleged to have committed the infringement;

(d)the date and place of the commission of the alleged infringement;

(e)a brief description of the kind of infringement alleged to have been committed;

(f)the amount of the penalty prescribed in regulation 7 for the offence;

(g)the date and address for payment of the penalty;

(h)a statement to the effect that if the amount of the penalty is paid on time the matter will not be brought before a court unless, before the expiration of the period specified in the notice as the time for payment of the penalty, an authorised officer gives notice that the infringement notice has been withdrawn; and

(i)the name and signature of the authorised officer by whom the notice was issued.

9.Withdrawal of infringement notice

r. 9

A notice of withdrawal of an infringement notice is in the prescribed form if it—

(a)is in writing; and

(b)refers to the fact that it is a notice of withdrawal of an infringement notice issued under section 69 of the Act; and

(c)contains the following particulars—

(i)the number and date of issue of the infringement notice;

(ii)the name and address of the person alleged to have committed the infringement;

(iii)a statement that the infringement notice has been withdrawn;

(iv)if it is intended that court proceedings may be instituted against the person in respect of the alleged infringement, a statement to that effect;

(v)if a payment has been made in respect of the infringement penalty, a statement as to the refund of the amount so paid; and

(vi)the name and signature of the authorised officer by whom the infringement notice was withdrawn.

10.Payment of penalty

r. 10

Payment of the prescribed penalty may be made by sending the amount of the penalty by post or delivering it to the address specified in the notice as the address for payment of the penalty.

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SCHEDULES

SCHEDULE 1

Sch. 1

Regulation 4

Regulations Revoked

S.R. No. / Title
211/1994 / Agricultural and Veterinary Chemicals (Infringement Notices) Regulations 1994
27/1995 / Agricultural and Veterinary Chemicals (Infringement Notices) (Amendment) Regulations 1995
90/1995 / Agricultural and Veterinary Chemicals (Infringement Notices) (Further Amendment) Regulations 1995
123/1997 / Agricultural and Veterinary Chemicals (Infringement Notices) (Amendment) Regulations 1997
33/2003 / Agricultural and Veterinary Chemicals (Infringement Notices) (Amendment) Regulations 2003

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SCHEDULE 2

Sch. 2

Regulation 6

Infringements—Prescribed Offences

PART 1—OFFENCES UNDER THE ACT

Column 1
Item No. / Column 2
Section of the Act creating the offence / Column 3
Summary of offence
010 / 18(4) / Non-compliance with a notice issued under section 18(3) of the Act
020 / 48(2) / Non-compliance with contaminated stock Order
030 / 49(4) / Non-compliance with contaminated stock notice

PART 2—OFFENCES UNDER THE AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) REGULATIONS1996

Column 1
Item No. / Column 2
Regulation creating the offence / Column 3
Summary of offence
100 / 6(1) / Failure by user of agricultural chemical product to make and keep records
110 / 7(1) / Failure by aerial applicator or commercial ground applicator to make and keep records
120 / 7(2) / Failure by aerial applicator or commercial ground applicator to certify records
130 / 10(1) / Carrying out aerial spraying without equipment fitted with an operating leak-proof cut-off valve
140 / 10(2) / Carrying out aerial spraying without other safety measures
Column 1
Item No. / Column 2
Regulation creating the offence / Column 3
Summary of offence
150 / 13(2) / Failure by veterinary surgeon to give or leave label or advice note after treatment
160 / 15 / Failure by veterinary surgeon to keep records of sale or use of veterinary chemical product that has a withholding period
170 / 16A(1) / Failure by user of hormonal growth promotant to make accurate record
180 / 16A(2) / Failure by user of hormonal growth promotant to keep record

Sch. 2

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