Agricultural and Veterinary Chemicals (Control of Use) (Further Amendment) Act 2001 (Vic)

Agricultural and Veterinary Chemicals (Control of

Use) (Further Amendment) Act 2001

Act No. 55/2001

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	Principal Act	2
4.	Purposes of Principal Act	2
5.	Definitions	2
6.	Orders in council	3
7.	Exemptions from regulations	3
8.	Limiting the use of unregistered chemical products	3
9.	Off-label use of chemical products	4
10.	New section 21 inserted	6

21. Application of chemical products to agricultural produce 6

11. New section 32 inserted 6

32. Prohibiting misuse of registered chemical products 7

12.	Repeal of section 41—statement as to damage	8
13.	New section 41 inserted	8

41. Contamination by spray drift 8

14.	Requirement for pilots	8
15.	New heading inserted	9
16.	New section 46A inserted	9

46A. Notice to operators of defective spraying equipment 9

17. New section 52 substituted and 52A inserted 10

52.	Contaminated produce notice	10
52A.	Regulations relating to contaminated agricultural
produce	11

18.	Authorisation and identification of authorised officers	12
19.	Powers of authorised officers	12
20.	New sections 54A to 54I inserted	13

54A.	Powers of entry and inspection with consent	13
54B.	Search warrants	16
54C.	Announcement before entry	18
54D.	Details of warrant to be given to occupier	18
54E.	Authorised officer may seek Court order	19
54F.	Copies of seized documents	21
54G.	Retention and return of seized documents or things	21
54H.	Magistrates' Court may extend 3 month period	22

i

Section Page

54I. Protection against self-incrimination 23

21. New section 56A inserted 23

56A. Notification by commercial laboratories 23

22.	Providing documents with false information	24
23.	Evidentiary provisions	25
24.	New section 75A inserted	25

75A. Use of money available for the purposes of this Act 25

25.	Consequential amendments to section 76	26
26.	Consequential amendments to Schedule 1	26
27.	Consequential amendments to Agricultural and Veterinary
Chemicals (Victoria) Act 1994	26

═══════════════

ENDNOTES 27

ii

Victoria

No. 55 of 2001

Agricultural and Veterinary Chemicals (Control of Use) (Further Amendment)

Act 2001†

[Assented to 16 October 2001]

The Parliament of Victoria enacts as follows:

1. Purpose

The main purpose of this Act is to make
miscellaneous amendments to the Agricultural
and Veterinary Chemicals (Control of Use) Act
1992 and a consequential amendment to the
Agricultural and Veterinary Chemicals
(Victoria) Act 1994.

Agricultural and Veterinary Chemicals (Control of Use)
(Further Amendment) Act 2001

Act No. 55/2001 s. 2

2. Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

See:

3. Principal Act Act No. 46/1992.

In this Act, the Agricultural and Veterinary	Reprint No. 2
Chemicals (Control of Use) Act 1992 is called	as at 8 May 1997
the Principal Act.	and amending
Act Nos 58/1997,
46/1998, 52/1998,
33/2000, 33/2001 and
44/2001. LawToday:
dpc.vic.
gov.au

4. Purposes of Principal Act

In section 1 of the Principal Act, after paragraph

(c) insert—

"; and

(d) to impose controls in relation to the transport, handling, sale and other dealings with agricultural produce, fertilisers and stock food.".

5. Definitions

In section 4(1) of the Principal Act—

(a) "Public Sector Management Act 1992"

in the definition of "chief administrator", for and Employment Act 1998";

(b) in the definition of "relevant Act", after "Dangerous Goods Act 1985" insert ", Health Act 1958";

Agricultural and Veterinary Chemicals (Control of Use)
(Further Amendment) Act 2001

s. 6 Act No. 55/2001

(c)	in the definition of "sell", in paragraph (j) after "business" insert "or a profession";
(d)	in the definition of "sell" after paragraph (k) insert—

"; and

(l)	sell or supply under a contract for services or a contract for work or labour;";
(e)	insert the following definitions— ' "contaminated", in relation to a fertiliser

or stock food, means having a
contaminant present in the fertiliser or
stock food in excess of the maximum
limit for that substance;

"maximum limit", in relation to a substance

present in a fertiliser or stock food,
means the level that is declared under
sub-section (4) to be the maximum
limit for that substance in relation to
fertilisers or stock foods of that type;'.

6. Orders in council

After section 4(4)(g) of the Principal Act insert—

"(ga) the maximum limit (which may be zero) for

a substance in a fertiliser or stock food; or".

7. Exemptions from regulations

In section 5 of the Principal Act, after "this Act" insert "or regulations made under this Act".

8. Limiting the use of unregistered chemical products

In section 6(1)(c) of the Principal Act, after
"profession" insert "and the use is not prohibited
under section 25A".

Agricultural and Veterinary Chemicals (Control of Use)
(Further Amendment) Act 2001

Act No. 55/2001 s. 9

9. Off-label use of chemical products

(1) In section 19(3) of the Principal Act—

(a)	after "a particular purpose" insert "or in particular circumstances";
(b)	after "that particular purpose" insert "or in those particular circumstances".

(2) After section 19(4) of the Principal Act insert— "(5) A person must only use a prescribed

chemical product, fertiliser or stock food or a chemical product, fertiliser or stock food that contains a prescribed constituent in a
particular manner or for particular purposes or in particular circumstances if the label for that chemical product, fertiliser or stock food contains a statement prescribed by the
regulations specifying or indicating that the
chemical product, fertiliser or stock food
must only be used in that manner or for those
purposes or in those circumstances, unless
otherwise authorised by a permit under

Schedule 1.

Penalty:  In the case of a corporation,
200 penalty units.
In any other case, 100 penalty
units.".

(3) In section 19(6) of the Principal Act, for "or stock

food has been applied" substitute "has been
applied, any agricultural produce obtained from
stock to which the chemical product has been
applied or any stock that has consumed the stock

food".

(4) After section 19(6) of the Principal Act insert—

Agricultural and Veterinary Chemicals (Control of Use)
(Further Amendment) Act 2001

s. 9 Act No. 55/2001

'(7) A person must not sell stock or agricultural
produce obtained from stock that the seller

knows or reasonably ought to know has—

(a) entered on land where an agricultural chemical product has been applied to that land or any plant on that land; or

(b) grazed any plant on that land—

within the relevant withholding period stated
on the label of the chemical product unless
the seller has notified the buyer of that stock
or agricultural produce in writing that the

period has not expired.

Penalty:  In the case of a corporation,
200 penalty units.
In any other case, 100 penalty
units.

(8) A person must not sell stock food or

agricultural produce derived from any plant or animal if the person knows or reasonably ought to know that the plant or animal—

(a)	has had a chemical product applied to it; and
(b)	in the case of stock food or agricultural produce derived from a plant, the stock food or agricultural produce was
harvested from the plant before the relevant withholding period stated on the label of the chemical product had expired; and
(c)	in the case of stock food or agricultural produce obtained from an animal, the stock food or agricultural produce was

Agricultural and Veterinary Chemicals (Control of Use)
(Further Amendment) Act 2001

Act No. 55/2001	s. 10
obtained from the animal before the relevant withholding period stated on the label of the chemical product had expired—

unless the seller has notified the buyer of the stock food or agricultural produce in writing that the withholding period had not expired

before the stock food or agricultural produce

was harvested or obtained.

Penalty:  In the case of a corporation,
200 penalty units.
In any other case, 100 penalty
units.

(9) In sub-sections (6), (7) and (8) "agricultural produce" includes wool.'.

10. New section 21 inserted

After section 20 of the Principal Act insert—

"21. Application of chemical products to

agricultural produce

A person who transports or handles agricultural produce and is not the owner of that agricultural produce must not apply a chemical product to the agricultural produce unless the person has the written permission of the owner of the agricultural produce for that application.

Penalty:  In the case of a corporation,
200 penalty units.
In any other case, 100 penalty
units.".

11. New section 32 inserted

In Part 4 of the Principal Act, after section 31 insert—

Agricultural and Veterinary Chemicals (Control of Use)
(Further Amendment) Act 2001

Act No. 55/2001

"32. Prohibiting misuse of registered chemical

products

(1) A person must not administer or apply a

registered agricultural chemical product to
an animal unless—

(a)	the use is in accordance with a permit issued under Schedule 1; or
(b)	the use is by a veterinary practitioner acting in the course of the practice of his or her profession and the use is
not prohibited by an Order under section 25A; or
(c)

the use is in accordance with the practitioner acting in the course of the practice of his or her profession and the use is not prohibited by an Order under section 25A.

Penalty:  In the case of a corporation,
200 penalty units.
In any other case, 100 penalty
units.

(2) A person must not administer or apply a

registered veterinary chemical product to a
plant, place or thing or use a registered
veterinary chemical product in relation to a
plant, place or thing except in accordance
with a permit issued under Schedule 1.

Penalty:  In the case of a corporation,
200 penalty units.
In any other case, 100 penalty
units.".

Agricultural and Veterinary Chemicals (Control of Use)
(Further Amendment) Act 2001

Act No. 55/2001 s. 12

12. Repeal of section 41—statement as to damage

Section 41 of the Principal Act is repealed.

13. New section 41 inserted

After section 40 of the Principal Act insert—

"41. Contamination by spray drift

(1) A person must not carry out agricultural

spraying—

(a)	which contaminates any stock outside the target area; or
(b)	which is likely to contaminate any agricultural produce derived from plants or stock outside the target area.
Penalty:	In the case of a corporation, 200 penalty units. In any other case, 100 penalty units.

(2) It is a defence to a prosecution under sub- section (1)(b) if the agricultural produce is not to be used as stock food or sold as, or

manufactured into, food or stock food.".

14. Requirement for pilots

For section 42(2) of the Principal Act
substitute—

"(2) A person must not pilot an aircraft to carry

out aerial spraying unless he or she—

(a)

holds an agricultural aircraft operator conditions (if any) of that licence; or

(b) is an employee or agent of a person who holds an agricultural aircraft operator licence.

Penalty: 200 penalty units.".
Agricultural and Veterinary Chemicals (Control of Use)
(Further Amendment) Act 2001

s. 15 Act No. 55/2001

15. New heading inserted

Insert the following heading to section 46 of the

Principal Act—

"Notices to owners of defective spraying

equipment".

16. New section 46A inserted

After section 46 of the Principal Act insert—

"46A. Notice to operators of defective spraying

equipment

(1) An authorised officer who is satisfied on reasonable grounds that equipment that is used or to be used for agricultural spraying

would be likely to harm the operator of the
equipment or other persons, or cause the
contamination of any stock or agricultural
produce outside the target area, if so used
may, by notice in writing, direct that the
operator or a person in possession of the

equipment—

(a) not use the equipment; and

(b) take all reasonable steps to ensure that no other person uses the equipment.

(2) The operator or person in possession of the

equipment must comply with a notice issued
in accordance with this section.
Penalty: 200 penalty units.

(3) An authorised officer may revoke or vary a notice under sub-section (1) by further notice

Agricultural and Veterinary Chemicals (Control of Use)
(Further Amendment) Act 2001

Act No. 55/2001 s. 17

to the operator or person in possession of the

equipment.".

17. New section 52 substituted and 52A inserted

For section 52 of the Principal Act substitute—
"52. Contaminated produce notice

(1) An authorised officer may, by notice in writing, regulate the sale, handling, use, transport or disposal of, or other dealing with, any agricultural produce, fertiliser or

stock food if he or she believes on
reasonable grounds that the agricultural
produce, fertiliser or stock food is

contaminated.

(2) Without limiting sub-section (1), the notice

may—

(a) prohibit the sale, handling, use, transport or disposal of, or other dealing with, any agricultural produce,

fertiliser or stock food except—

(i) in accordance with the notice; or

(ii)  with the approval of an authorised officer;

(b)	require that the agricultural produce, fertiliser or stock food be treated as specified in the notice;
(c)

require that the agricultural produce, marked or otherwise identified—

(i)  in the manner specified in the notice; and

Agricultural and Veterinary Chemicals (Control of Use)
(Further Amendment) Act 2001

s. 17 Act No. 55/2001

(ii)  before the date, if any, specified in the notice.

(3) The authorised officer may give the notice

to—

(a)	the owner or occupier of the land on which the stock or plants from which agricultural produce or stock food is produced is kept or are grown; or
(b)	the owner of the agricultural produce, fertiliser or stock food; or
(c)

the person in possession of the food; or

(d)	the driver of any vehicle in which the agricultural produce, fertiliser or stock food is being transported; or
(e)	if the agricultural produce, fertiliser or stock food is in transit, the person into whose possession it is to be delivered; or
(f)	one or more of the persons specified in paragraphs (a) to (e).

(4) A person who receives a notice under sub-

section (3) must take reasonable steps to
comply with it.
Penalty: 100 penalty units.

52A. Regulations relating to contaminated

agricultural produce

The Governor in Council may make regulations in accordance with section 76 for or with respect to—

Agricultural and Veterinary Chemicals (Control of Use)
(Further Amendment) Act 2001

Act No. 55/2001 s. 18

(a)	prohibiting or regulating the sale of contaminated agricultural produce;
(b)	regulating the handling of contaminated agricultural produce;
(c)	regulating the transport of contaminated agricultural produce;
(d)	requiring the identification of contaminated agricultural produce.".

18. Authorisation and identification of authorised officers

(1) In section 53(1) of the Principal Act, after "this Act" insert "or any regulations or Orders made under this Act".

(2) For section 53(3) of the Principal Act

substitute—

"(3) An authorised officer must produce his or

her identity card for inspection—

(a)	before exercising a power under this Act; and
(b)	at any time during the exercise of a power under this Act, if asked to do so.

Penalty: 10 penalty units.".

19. Powers of authorised officers

(1) In section 54(1)(f) of the Principal Act, after "this

Act" insert "or any regulations or Orders made under this Act".

(2) After section 54(1)(g) of the Principal Act

insert—

"(ga) to take any photographs or make any audio

or visual recordings as he or she considers
necessary; and".

Agricultural and Veterinary Chemicals (Control of Use)
(Further Amendment) Act 2001

s. 20 Act No. 55/2001

(3) After section 54(1)(i) of the Principal Act

insert—

"(ia) if the authorised officer is satisfied that it

would pose a risk to public health or safety
(including the health or safety of the
authorised officer) to open a sealed package
or container to take a sample of any
substance in the package or container that
the authorised officer reasonably suspects is
a chemical product, fertiliser or stock food or
of any agricultural produce in the package or
container, to take and remove for
examination the package or container and its

contents; and ".

(4) After section 54(1)(j) of the Principal Act

insert—

"(ja) to take and remove for analysis and

examination any equipment used for or in
connection with the application of any

chemical product or fertiliser; and".

20. New sections 54A to 54I inserted

After section 54 of the Principal Act insert—

"54A. Powers of entry and inspection with consent

(1) If an authorised officer believes, on reasonable grounds, that a person is contravening or has contravened this Act, the

regulations or an Order under this Act, the authorised officer, with the consent of the occupier of the premises, may—

(a) enter and search any premises;

(b) seize anything found on the premises which the inspector believes on

Agricultural and Veterinary Chemicals (Control of Use)
(Further Amendment) Act 2001

Act No. 55/2001	s. 20
reasonable grounds, to be connected with the alleged contravention;

(c)	examine and take and keep samples of any goods found on the premises which the inspector believes on reasonable grounds to be connected with the alleged contravention;
(d)	inspect and make copies of, or take extracts from, any document found on the premises;
(e)	take any photographs or make any audio or visual recordings as he or she considers necessary.

(2) An authorised officer must not enter and

search any premises with the consent of the
occupier unless, before the occupier consents
to that entry, the authorised officer has—

(a) produced his or her identity card for inspection; and

(b) informed the occupier—

(i) of the purpose of the search; and

(ii) give consent to the entry and
search or to the seizure of

that the occupier may refuse to and

(iii) consent to the taking of any
sample of goods or any copy of, or
extract from, a document found on

that the occupier may refuse to and

(iv)  that the occupier may refuse to consent to the making of any

Agricultural and Veterinary Chemicals (Control of Use)
(Further Amendment) Act 2001

s. 20 Act No. 55/2001

recordings on the premises during

the search; and

(v) recordings made during the search

that anything seized or taken or may be used in evidence in proceedings.

(3) If an occupier consents to an entry and

search, the authorised officer who requested
consent must before entering the premises
ask the occupier to sign an acknowledgment

in the prescribed form stating—

(a)	that the occupier has been informed of the purpose of the search and that anything seized or taken or recordings made in the search with the consent of the occupier may be used in evidence in proceedings; and
(b)	that the occupier has been informed that he or she may refuse to give consent to the entry and search; and
(c)	that the occupier has consented to such an entry and search; and
(d)	the date and time that the occupier consented.

(4) If an occupier consents to the seizure or taking of any thing or the making of any recording during a search under this section,

the inspector must before seizing or taking
the thing or making the recording ask the
occupier to sign an acknowledgment

stating—

(a) that the occupier has consented to the seizure or taking of the thing or the making of a recording; and

Agricultural and Veterinary Chemicals (Control of Use)
(Further Amendment) Act 2001

Act No. 55/2001 s. 20

(b) the date and time that the occupier consented.

(5) An occupier who signs an acknowledgment

must be given a copy of the signed
acknowledgment before the authorised
officer leaves the premises.

(6) If, in any proceeding, an acknowledgment is

not produced to the court or a tribunal, it
must be presumed, until the contrary is
proved, that the occupier did not consent to
the entry and search or to the seizure or the
taking of the thing or the making of the
recording.

54B. Search warrants

(1) An authorised officer, with the written

approval of the chief administrator, may
apply to a magistrate for the issue of a search
warrant in relation to particular premises, if
the authorised officer believes on reasonable
grounds that there is on the premises
evidence that a person or persons may have
contravened this Act or the regulations or an
Order made under this Act.

(2) If a magistrate is satisfied, by the evidence,

on oath or by affidavit, of the authorised
officer that there are reasonable grounds to
believe that there is a thing or things of a
particular kind connected with a
contravention of this Act, the regulations or
an Order on any premises, the magistrate
may issue a search warrant, in accordance
with the Magistrates' Court Act 1989,
authorising an authorised officer named in
the warrant, together with any other person
or persons named or otherwise identified in

Agricultural and Veterinary Chemicals (Control of Use)
(Further Amendment) Act 2001

s. 20 Act No. 55/2001

the warrant and with any necessary

equipment—

(a) to enter the premises specified in the warrant, if necessary by force; and

(b) to do all or any of the following—

(i) search for;
(ii) seize;
(iii) secure against interference;

(iv)  examine, inspect and take and keep samples of;

(v)  inspect and make copies of, or take extracts from—

a thing or things of a particular kind
named or described in the warrant and
which the authorised officer believes,
on reasonable grounds, to be connected
with the alleged contravention.

(3) A search warrant issued under this section must state—

(a)	the purpose for which the search is required and the nature of the alleged contravention; and
(b)	any conditions to which the warrant is subject; and
(c)	whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and
(d)	a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.

(4) Except as provided by this Act, the rules to
be observed with respect to search warrants

Agricultural and Veterinary Chemicals (Control of Use)
(Further Amendment) Act 2001

Act No. 55/2001 s. 20

under the Magistrates' Court Act 1989 extend and apply to warrants under this section.

54C. Announcement before entry

(1) On executing a search warrant, the

authorised officer executing the warrant—

(a)	must announce that he or she is authorised by the warrant to enter the premises; and
(b)	if the authorised officer has been unable to obtain unforced entry, must give any person at the premises an opportunity

to allow entry to the premises.

(2) An authorised officer need not comply with

sub-section (1) if he or she believes, on
reasonable grounds, that immediate entry to
the premises is required to ensure—

(a) the safety of any person; or

(b) that the effective execution of the search warrant is not frustrated.

54D. Details of warrant to be given to occupier

(1) If the occupier is present at premises where a

search warrant is being executed, the
authorised officer must—

(a)	identify himself or herself to the occupier; and
(b)	produce his or her identity card for inspection; and
(c)	give to the occupier a copy of the warrant.

(2) If the occupier is not present at premises

where a search warrant is being executed, the
authorised officer must—

Agricultural and Veterinary Chemicals (Control of Use)
(Further Amendment) Act 2001

s. 20 Act No. 55/2001

(a)	identify himself or herself to a person at the premises; and
(b)	produce his or her identity card for inspection; and
(c)	give to the person a copy of the warrant.

54E. Authorised officer may seek Court order

(1) If an authorised officer believes, on

reasonable grounds, that a person or persons time and place specified by an authorised officer—

has contravened this Act or the regulations
or an Order under this Act, the authorised
officer, with the written approval of the chief
administrator, may apply to the Magistrates'

(a)	to answer orally or in writing any questions put by an authorised officer in relation to the alleged contravention;
(b)	information required by an authorised

to supply orally or in writing contravention;

(c)

to produce to an authorised officer specified documents or documents of a specified class relating to the alleged contravention.

(2) If the Magistrates' Court is satisfied on the

officer that there are reasonable grounds to
believe that a person or persons has
contravened this Act or the regulations or an

basis of evidence presented by the authorised the order sought.

Agricultural and Veterinary Chemicals (Control of Use)
(Further Amendment) Act 2001

Act No. 55/2001 s. 20

(3) An order under this section must state a day, not later than 28 days after the making of the order, on which the order ceases to have

effect.

(4) If any documents are produced to an

authorised officer under an order made under

this section the authorised officer may—

(a)	inspect the documents or authorise a person to inspect the documents;
(b)	make copies of, or take extracts from, the documents;
(c)	officer considers the documents

seize the documents if the authorised evidence for the purpose of any proceedings against any person under this Act or the regulations or an Order under this Act;

(d)	secure any seized documents against interference;
(e)	retain possession of the documents in accordance with this Part.

(5) An authorised officer who executes an order

under this section must as soon as
practicable after that execution notify the
Magistrates' Court in writing of—

(a) the time and place of execution; and

(b)	the documents or classes of documents seized; and
(c)	section (4)(c) in respect of a

if documents were seized under sub- contravention for which the order was

Agricultural and Veterinary Chemicals (Control of Use)
(Further Amendment) Act 2001

s. 20	Act No. 55/2001
granted, the contravention in respect of which the documents were seized.

(6) The Magistrates' Court may direct the

authorised officer to bring before the Court a document to which sub-section (5)(c) applies so that the matter may be dealt with
according to law.

(7) The Magistrates' Court may direct that a

document brought before it under sub-
section (6) be returned to its owner, subject
to any condition the Court thinks fit, if in the
opinion of the Court it can be returned
consistently with the interests of justice.

54F. Copies of seized documents

(1) If an authorised officer retains possession of a document seized from a person under this Part, the authorised officer must give the

person, within 21 days of the seizure, a copy
of the document certified as correct by the
authorised officer.

(2) A copy of a document certified under sub-

section (1) shall be received in all courts and
tribunals to be evidence of equal validity to
the original.

54G. Retention and return of seized documents

or things

(1) If an authorised officer seizes a document or

other thing under this Part, the authorised
officer must take reasonable steps to return
the document or thing to the person from
whom it was seized if the reason for its
seizure no longer exists.

Agricultural and Veterinary Chemicals (Control of Use)
(Further Amendment) Act 2001

Act No. 55/2001 s. 20

(2) If the document or thing seized has not been returned within 3 months after it was seized, the inspector must take reasonable steps to

return it unless—

(a) the document or thing was retained
have commenced within that 3 month
period and those proceedings

proceedings for the purpose for which completed; or

(b) the Magistrates' Court makes an order under section 54H extending the period during which the document or thing may be retained.

(3) This section does not apply to—

(a)	a sample taken by an authorised officer in the exercise of a power under this Part; or
(b)	food seized under section 57 if the sale or use of the chemical product, fertiliser

a chemical product, fertiliser or stock Act or the regulations or an Order under this Act.

54H. Magistrates' Court may extend 3 month

period

(1) An authorised officer may apply to the

Magistrates' Court within 3 months after seizing a document or other thing under this Part for an extension of the period for which the authorised officer may retain the document or thing.

Agricultural and Veterinary Chemicals (Control of Use)
(Further Amendment) Act 2001

s. 20 Act No. 55/2001

(2) The Magistrates' Court may order such an

extension if it is satisfied that retention of the
document or other thing is necessary—

(a)	for the purposes of an investigation into whether a contravention of this Act or the regulations or an Order under this Act has occurred; or
(b)

to enable evidence of a contravention of under this Act to be obtained for the purposes of a proceeding under this Act.

(3) The Magistrates' Court may adjourn an

application to enable notice of the

application to be given to any person.

54I. Protection against self-incrimination

(1) It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do

by or under this Part, if the giving of the
information or the doing of that other thing
would tend to incriminate the person.

(2) Despite sub-section (1), it is not a reasonable

excuse for a natural person to refuse or fail
to produce a document that the person is
required to produce by or under this Part, if
the production of the document would tend
to incriminate the person.".

21. New section 56A inserted

After section 56 of the Principal Act insert—
"56A. Notification by commercial laboratories

If the result of the testing of any prescribed agricultural produce for fee or reward shows that the agricultural produce is contaminated

Agricultural and Veterinary Chemicals (Control of Use)
(Further Amendment) Act 2001

Act No. 55/2001

with a prescribed constituent or a constituent contamination within the prescribed time and in the prescribed manner.".

of a prescribed class of constituents, the
person who carried out the test of that
agricultural produce must notify the

22. Providing documents with false information

For section 59(2) of the Principal Act
substitute—
"(2) A person must not make any statement or

provide any document or other information about a chemical product, fertiliser, or stock food or its use (including in the case of a

registered chemical product, the
circumstances of its use) that is false or
misleading and likely to cause a person who
relies on the statement, document or other

information to—

(a)	commit an offence under this Act or the regulations under this Act; or
(b)	contaminate stock or agricultural produce; or
(c)	injuriously affect plants that are to be applied with the chemical product or fertiliser.
Penalty:	In the case of a corporation, 100 penalty units. In any other case, 50 penalty units.

(3) A person must not make any statement or

provide any document or other information
in relation to the target area, or the area

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(Further Amendment) Act 2001

s. 23 Act No. 55/2001

contiguous to the target area, of agricultural
spraying to be carried out on behalf of that
person that is false or misleading and likely
to cause a person who carries out the
agricultural spraying who relies on the
statement, document or other information to
commit an offence under this Act or the

regulations under this Act.

Penalty:  In the case of a corporation,
100 penalty units.
In any other case, 50 penalty
units.".

23. Evidentiary provisions

(1) In section 71(2)(a) of the Principal Act, for

"officer" substitute "authorised officer or any other person authorised in writing by the chief administrator to prosecute under this Act".

(2) In section 71(3) of the Principal Act, after "analyst

of a" insert "plant, animal,".

24. New section 75A inserted

After section 75 of the Principal Act insert—

"75A. Use of money available for the purposes of

this Act

Any money available for the purposes of this purposes—

(a) consideration of applications for
authorities under the Act;

Agricultural and Veterinary Chemicals (Control of Use)
(Further Amendment) Act 2001

Act No. 55/2001

(b) monitoring standards and performance of holders of authorities under the Act;

(c) monitoring compliance with the Act;

(d) generally administering the Act.".

25. Consequential amendments to section 76

In section 76(2) of the Principal Act after "45," insert "52A".

26. Consequential amendments to Schedule 1

In Schedule 1 to the Principal Act, after paragraph
(f) of the definition of "authority" in clause 1 of
Part 1 insert—
"(fa) a permit under section 32;".

27. Consequential amendments to Agricultural and Veterinary Chemicals (Victoria) Act 1994

In section 33(1)(a) of the Agricultural and
Veterinary Chemicals (Victoria) Act 1994 for
"and 19(1), (3) and (4)" substitute ", 19(1), (3),

(4) and (5) and 32".

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Agricultural and Veterinary Chemicals (Control of Use)
(Further Amendment) Act 2001

Endnotes Act No. 55/2001

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 23 August 2001

Legislative Council: 25 September 2001

The long title for the Bill for this Act was "to make miscellaneous
amendments to the Agricultural and Veterinary Chemicals (Control of
Use) Act 1992 and a consequential amendment to the Agricultural and
Veterinary Chemicals (Victoria) Act 1994 and for other purposes."