Agricultural and Veterinary Products (Control of Use) Variation Regulations 2014 (SA)
South Australia
Agricultural and Veterinary Products (Control of Use) Variation Regulations 2014
under the Agricultural and Veterinary Products (Control of Use) Act 2002
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Variation provisions
Part 2—Variation of Agricultural and Veterinary Products (Control of Use) Regulations 2004
4 Variation of regulation 3—Interpretation
5 Variation of regulation 6—Off-label use of registered agricultural chemical products
6 Variation of regulation 32—Off-label use of registered veterinary chemical products
7 Variation of regulation 33—Records to be kept by veterinary surgeons
8 Variation of regulation 34—Restrictions on use of certain agricultural products or veterinary products
9 Variation of regulation 35—Products prohibited for use in treating food‑producing animals
10 Substitution of regulation 36—Confidentiality
36 Confidentiality
11 Substitution of Schedule 2
Schedule 2—Restricted agricultural products (regulation 34(2))
Part 1—Preliminary
1—Short title
These regulations may be cited as the Agricultural and Veterinary Products (Control of Use) Variation Regulations 2014.
2—Commencement
These regulations will come into operation on 10 November 2014.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.
Part 2—Variation of Agricultural and Veterinary Products (Control of Use) Regulations 2004
4—Variation of regulation 3—Interpretation
Regulation 3(1), definition of ChemCert accreditation—delete the definition
Regulation 3(1), definition of prescribed qualification—delete the definition
5—Variation of regulation 6—Off-label use of registered agricultural chemical products
Regulation 6(1), penalty provision—delete the penalty provision and substitute:
Maximum penalty: $10 000.
Expiation fee: $315.
6—Variation of regulation 32—Off-label use of registered veterinary chemical products
Regulation 32(1), penalty provision—delete the penalty provision and substitute:
Maximum penalty: $10 000.
Expiation fee: $315.
7—Variation of regulation 33—Records to be kept by veterinary surgeons
Regulation 33(1)—delete "keep" and substitute:
as soon as practicable after treating the animals, make
Regulation 33(2)—delete "keep" and substitute:
, as soon as practicable after treating the animals, make
Regulation 33—after subregulation (2) insert:
(2a)A veterinary surgeon who is required to make a record of information under this regulation must keep the record for 2 years from the date of the making of the record.
Maximum penalty: $2 500.
Expiation fee: $210.
8—Variation of regulation 34—Restrictions on use of certain agricultural products or veterinary products
Regulation 34(1)—delete subregulation (1) and substitute:
(1)The Minister may, by notice in the Gazette, declare that the use of an agricultural product or veterinary product specified in the notice is prohibited except by persons of a class specified in the notice.
(1a)A person must not contravene a notice referred to in subregulation (1).
Maximum penalty: $10 000.
Expiation fee: $315.
Regulation 34(2)—delete "Part 2"
Regulation 34(2), penalty provision—delete the penalty provision and substitute:
Maximum penalty: $10 000.
Expiation fee: $315.
Regulation 34(3)—delete "Part 2"
9—Variation of regulation 35—Products prohibited for use in treating food‑producing animals
Regulation 35, penalty provision—delete the penalty provision and substitute:
Maximum penalty: $10 000.
Expiation fee: $315.
10—Substitution of regulation 36—Confidentiality
Regulation 36—delete the regulation and substitute:
36—Confidentiality
For the purposes of section 38(a) of the Act, the following Acts are prescribed:
(a)the Controlled Substances Act 1984;
(b)the Dangerous Substances Act 1979;
(c)the Environment Protection Act 1993;
(d)the Food Act 2001;
(e)the Livestock Act 1997;
(f)the National Parks and Wildlife Act 1972;
(g)the Natural Resources Management Act 2004;
(h)the Occupational Health, Safety and Welfare Act 1986;
(i)the Primary Produce (Food Safety Schemes) Act 2004;
(j)the South Australian Public Health Act 2011.
11—Substitution of Schedule 2
Schedule 2—delete the Schedule and substitute:
Schedule 2—Restricted agricultural products (regulation 34(2))
Agricultural product
Class of person authorised to use product
1
An agricultural chemical product that—
(a) contains any of the following:
(i) 2, 4‑D;
(ii) 2, 4‑DB;
(iii) MCPA;
(iv) dicamba;
(v) triclopyr;
(vi) picloram;
(vii) clopyralid;
(viii) fluroxypyr; and
(b) is not a home garden product.
A person who holds a valid statement of attainment issued by a training organisation registered by the Australian Skills Quality Authority for the unit of competence AHCCHM303A ('Prepare and Apply Chemicals').
Made by the Governor
with the advice and consent of the Executive Council
on 12 June 2014
No 76 of 2014
13MAFF42CS
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