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

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

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NOTES 6

i

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.

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

r. 3 S.R. No. 123/1997

3. New regulation 3 substituted

For regulation 3 of the Agricultural and
Veterinary Chemicals (Infringement Notices)
Regulations 19941 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	Column 2	Column 3
Item No.	Section of the	Summary of offence
Act creating the 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

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

S.R. No. 123/1997 r. 3

Column 1	Column 2	Column 3
Item No.	Section of the	Summary of offence
Act creating the 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

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

r. 3 S.R. No. 123/1997

Column 1	Column 2	Column 3
Item No.	Section of the	Summary of offence
Act creating the 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

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

S.R. No. 123/1997 r. 3

PART 2—Offences under the Agricultural and

Veterinary Chemicals (Control of Use) Regulations

19962

Column 1	Column 2	Column 3
Item No.	Regulation	Summary of offence
creating the 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".

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

Notes S.R. No. 123/1997

NOTES

1 S.R. No. 211/1994 as amended by S.R. Nos 27/1995 and 90/1995.

2 S.R. No. 71/1996.