Agricultural and Veterinary Chemicals (Infringement Notices) (Amendment) Regulations 1997

i Agricultural and Veterinary Chemicals (Infringement Notices) (Amendment) Regulations 1997 S.R. No. 123/1997 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. New regulation 3 substituted 2 3. Prescribed offences 2 4. Insertion of Schedule 2 SCHEDULE 2 ═══════════════ NOTES 6 -- 1 of 7 -- 1 STATUTORY RULES 1997 S.R. No. 123/1997 Agricultural and Veterinary Chemicals (Control of Use) Act 1992 Agricultural and Veterinary Chemicals (Infringement Notices) (Amendment) Regulations 1997 The Governor in Council makes the following Regulations: Dated: 11 November 1997 Responsible Minister: PATRICK McNAMARA Minister for Agriculture and Resources CON CHARA Acting Clerk of the Executive Council 1. Objective The objective of these Regulations is to prescribe further offences in respect of which infringement notices may be issued under the Agricultural and Veterinary Chemicals (Control of Use) Act 1992. 2. Authorising provisions These Regulations are made under sections 69 and 76 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992. -- 2 of 7 -- S.R. No. 123/1997 Agricultural and Veterinary Chemicals (Infringement Notices) (Amendment) Regulations 1997 2 3. New regulation 3 substituted For regulation 3 of the Agricultural and Veterinary Chemicals (Infringement Notices) Regulations 1994 1 substitute— "3. Prescribed offences For the purposes of section 69(1) of the Act, the prescribed offences are the offences set out in the Schedule.". 4. Insertion of Schedule After regulation 7 of the Agricultural and Veterinary Chemicals (Infringement Notices) Regulations 1994 insert— "SCHEDULE 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(1) Sale of veterinary chemical product, fertiliser or stock food without a label or advice note that complies with the regulations or prescribed requirements 020 18(4) Non-compliance with a notice issued under section 18(3) of the Act 030 19(6) Sale of chemical product, stock food, agricultural produce or stock without notifying buyer of withholding period r. 3 -- 3 of 7 -- S.R. No. 123/1997 Agricultural and Veterinary Chemicals (Infringement Notices) (Amendment) Regulations 1997 3 Column 1 Item No. Column 2 Section of the Act creating the offence Column 3 Summary of offence 040 24(1) Manufacture or sale of fertiliser or stock food that does not comply with prescribed standards or contains constituents that do not comply 050 25(1) Sale of veterinary chemical product, fertiliser or stock food in contravention of Order 060 25A(1) Use of chemical product, fertiliser or stock food in contravention of Order 070 30 Commercial use of prescribed chemical product, fertiliser or stock food, or prescribed class, without holding commercial operator licence and complying with licence conditions 080 39(4) Non-compliance with Order under section 38 (agricultural spraying) 090 42(1) Piloting an aircraft to carry out aerial spraying without holding pilot (chemical rating) licence and complying with licence conditions r. 3 -- 4 of 7 -- S.R. No. 123/1997 Agricultural and Veterinary Chemicals (Infringement Notices) (Amendment) Regulations 1997 4 Column 1 Item No. Column 2 Section of the Act creating the offence Column 3 Summary of offence 100 42(2) Piloting an aircraft to carry out aerial spraying without holding agricultural aircraft operator licence and complying with licence conditions 110 42(3) Unlicensed person allowing employee or agent to pilot aircraft to carry out aerial spraying 120 43(1) Aircraft operator allowing aerial spraying to be carried out from aircraft without holding an approved insurance policy 130 43(2) Unlicensed aircraft operator allowing aerial spraying to be carried out from aircraft 140 48(2) Non-compliance with contaminated stock Order 150 49(4) Non-compliance with contaminated stock notice _______________ r. 3 -- 5 of 7 -- S.R. No. 123/1997 Agricultural and Veterinary Chemicals (Infringement Notices) (Amendment) Regulations 1997 5 PART 2—Offences under the Agricultural and Veterinary Chemicals (Control of Use) Regulations 1996 2 Column 1 Item No. Column 2 Regulation creating the offence Column 3 Summary of offence 200 6(1) Failure by user of agricultural chemical product to make and keep records 210 7(1) Failure by aerial applicator or commercial ground applicator to make and keep records 220 7(2) Failure by aerial applicator or commercial ground applicator to certify records 230 10(1) Carrying out aerial spraying without equipment fitted with cut- off valve 240 10(2) Carrying out aerial spraying without other safety measures 250 13(2) Failure by veterinary surgeon to give or leave label or advice note after treatment 260 15 Failure by veterinary surgeon to keep records of sale or use of veterinary chemical product that has a withholding period". ═══════════════ r. 3 -- 6 of 7 -- S.R. No. 123/1997 Agricultural and Veterinary Chemicals (Infringement Notices) (Amendment) Regulations 1997 6 NOTES 1 S.R. No. 211/1994 as amended by S.R. Nos 27/1995 and 90/1995. 2 S.R. No. 71/1996. Notes -- 7 of 7 --