Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) (Amendment) Regulations 2007 (Vic)
Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) (Amendment) Regulations 2007
S.R. No. 83/2007
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3New regulation 8 inserted
8Summary of infringement not to affect nature of offence
4Substitution of Part 2 of Schedule 2
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ENDNOTES
STATUTORY RULES 2007
S.R. No. 83/2007
Agricultural and Veterinary Chemicals (Control of Use) Act 1992
Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) (Amendment) Regulations 2007
The Governor in Council makes the following Regulations:
Dated: 24 July 2007
Responsible Minister:
JOE HELPER
Minister for AgricultureRUTH LEACH
Clerk of the Executive Council
1Objective
The objective of these Regulations is to make further provision for the issue of infringement notices under the Agricultural and Veterinary Chemicals (Control of Use) Act 1992.
2Authorising provision
These Regulations are made under section 76 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992.
3New regulation 8 inserted
After regulation 7 of the Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2004[1] insert—
"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.".
4Substitution of Part 2 of Schedule 2
For Part 2 of Schedule 2 to the Agricultural and Veterinary Chemicals (Control of Use) (Infringement Notices) Regulations 2004 substitute—
"PART 2¾OFFENCES UNDER THE AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) REGULATIONS 2007
| Column 1
| Column 2 Regulation creating the offence | Column 3
|
| 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 |
| 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 |
| Column 1
| Column 2 Regulation creating the offence | Column 3
|
| 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 ". |
".
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ENDNOTES
[1] Reg. 3: S.R. No. 155/2004 as amended by S.R. No. 113/2006.
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