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

Victorian Legislation and Parliamentary Documents i Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2004 S.R. No. 155/2004 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Revocation 1 5. Definition 2 6. Prescribed offences 2 7. Prescribed penalty 2 8. Infringement notices 2 9. Withdrawal of infringement notice 3 10. Payment of penalty 4 __________________ SCHEDULES 5 SCHEDULE 1—Regulations Revoked 5 SCHEDULE 2—Infringements—Prescribed Offences 6 ═══════════════ -- 1 of 8 -- Victorian Legislation and Parliamentary Documents 1 STATUTORY RULES 2004 S.R. No. 155/2004 Agricultural and Veterinary Chemicals (Control of Use) Act 1992 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 19 December 2004. 4. Revocation The Regulations listed in Schedule 1 are revoked. -- 2 of 8 -- Victorian Legislation and Parliamentary Documents S.R. No. 155/2004 Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2004 2 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. 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; r. 5 -- 3 of 8 -- Victorian Legislation and Parliamentary Documents S.R. No. 155/2004 Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2004 3 (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 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 r. 9 -- 4 of 8 -- Victorian Legislation and Parliamentary Documents S.R. No. 155/2004 Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2004 4 (vi) the name and signature of the authorised officer by whom the infringement notice was withdrawn. 10. Payment of penalty 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. __________________ r. 10 -- 5 of 8 -- Victorian Legislation and Parliamentary Documents S.R. No. 155/2004 Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2004 5 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 -- 6 of 8 -- Victorian Legislation and Parliamentary Documents S.R. No. 155/2004 Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2004 6 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 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) REGULATIONS 1996 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 Sch. 2 -- 7 of 8 -- Victorian Legislation and Parliamentary Documents S.R. No. 155/2004 Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2004 7 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 -- 8 of 8 --