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

i Version No. 005 Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2004 S.R. No. 155/2004 Version incorporating amendments as at 25 May 2010 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Revocation 1 5 Definition 1 6 Prescribed offences 1 7 Prescribed penalty 2 8 Summary of infringement not to affect nature of offence 2 9–10 Revoked 2 SCHEDULES 3 SCHEDULE 1—Regulations Revoked 3 SCHEDULE 2—Infringements—Prescribed Offences 4 PART 1—OFFENCES UNDER THE ACT 4 PART 2⎯OFFENCES UNDER THE AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) REGULATIONS 2007 4 ═══════════════ ENDNOTES 7 1. General Information 7 2. Table of Amendments 8 3. Explanatory Details 9 1 Version No. 005 Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2004 S.R. No. 155/2004 Version incorporating amendments as at 25 May 2010 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 19 December 2004. 4 Revocation The Regulations listed in Schedule 1 are revoked. 5 Definition 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. Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2004 S.R. No. 155/2004 2 7 Prescribed penalty The penalty for a prescribed offence is 2 penalty units. 8 Summary of infringement not to affect nature of offence A summary of an offence in Column 3 of Schedule 2 is not taken to affect the nature of the elements of the offence to which the summary refers or the operation of these Regulations. * * * * * r. 7 Reg. 8 revoked by S.R. No. 113/2006 reg. 3, new reg. 8 inserted by S.R. No. 83/2007 reg. 3. Regs 9–10 revoked by S.R. No. 113/2006 reg. 3. Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2004 S.R. No. 155/2004 3 SCHEDULES SCHEDULE 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 Sch. 1 Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2004 S.R. No. 155/2004 4 SCHEDULE 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 1 18(4) Non-compliance with a notice issued under section 18(3) of the Act 2 48(2) Non-compliance with contaminated stock Order 3 49(4) Non-compliance with contaminated stock notice 4 52AA Producer sells or offers to sell contaminated agricultural produce 5 67A(1) Non-compliance with a condition of an authority PART 2⎯OFFENCES UNDER THE AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) REGULATIONS 2007 Column 1 Item No. Column 2 Regulation creating the offence Column 3 Summary of offence 1 5(2) Failure by user of agricultural chemical product to make records 2 5(3) Failure by user of agricultural chemical product to keep records 3 6(3) Failure by user of veterinary chemical product to make records Sch. 2 Sch. 2 Pt 1 amended by S.R. No. 29/2010 reg. 3. Sch. 2 Pt 2 substituted by S.R. No. 83/2007 reg. 4. Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2004 S.R. No. 155/2004 5 Column 1 Item No. Column 2 Regulation creating the offence Column 3 Summary of offence 4 6(4) Failure by user of veterinary chemical products to keep records 5 7(2) Failure by veterinary practitioner to make records of the sale or use of veterinary chemical product 6 7(3) Failure by veterinary practitioner to keep records of the sale or use of veterinary chemical product 7 11(1) Failure by user to make record of use of hormonal growth promotant 8 11(2) Failure by user to keep record of use of hormonal growth promotant 9 12(1) Failure by occupier of land to advise person engaged to carry out agricultural spraying whether a school, hospital, premises from which an aged care service is provided or children's service is located within 200 metres of the land and the location of such a school, hospital, premises or service 10 12(2) Failure of person engaged to carry out spraying on land to advise occupier of product to be sprayed and proposed date, time and duration of spraying 11 12(3) Starting spraying on land without advice from occupier as to whether a school, hospital, premises from which an aged care service is provided or children's service is located within 200 metres of the land Sch. 2 Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2004 S.R. No. 155/2004 6 Column 1 Item No. Column 2 Regulation creating the offence Column 3 Summary of offence 12 14 Carrying out aerial spraying unless— (a) a smoke generating device is used at ground level at or near the point of spraying immediately before and during spraying; or (b) the aircraft is fitted with a smoke generating device that is operated immediately before and during spraying; or (c) a windsock is in operation and is clearly visible to the pilot at ground level at or near the point of spraying immediately before and during spraying; or (d) an automatic weather station is located at or near the point of spraying and information about the wind speed and direction is available to the pilot immediately before and during spraying ═══════════════ Sch. 2 Sch. 2 Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2004 S.R. No. 155/2004 7 ENDNOTES 1. General Information The Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2004, S.R. No. 155/2004 were made on 7 December 2004 by the Governor in Council under section 76 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, No. 46/1992 and came into operation on 19 December 2004: regulation 3. The Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2004 will sunset 10 years after the day of making on 7 December 2014 (see section 5 of the Subordinate Legislation Act 1994). Endnotes Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2004 S.R. No. 155/2004 8 2. Table of Amendments This Version incorporates amendments made to the Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2004 by statutory rules, subordinate instruments and Acts. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) (Amendment) Regulations 2006, S.R. No. 113/2006 Date of Making: 29.8.06 Date of Commencement: 29.8.06 Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) (Amendment) Regulations 2007, S.R. No. 83/2007 Date of Making: 24.7.07 Date of Commencement: 24.7.07 Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Amendment Regulations 2010, S.R. No. 29/2010 Date of Making: 25.5.10 Date of Commencement: 25.5.10 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Endnotes Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2004 S.R. No. 155/2004 9 3. Explanatory Details No entries at date of publication. Endnotes