Agricultural Chemicals Distribution Control Act Amendment Act 1978 (Qld)

525 ANNO VICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 68 of 1978 An Act to amend the Agricultural Chemicals DistributionControlAct 1966- 1972 in certain particulars [ASSENTED TO 28TH NOVEMBER, 1978] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Agricultural Chemicals Distribution Control Act Amendment Act 1978. (2) The Agricultural Chemicals Distribution Control Act 1966-1972 is in this Act referred to as the Principal Act. (3) The Principal Act as amended. by this Act may be cited as the Agricultural Chemicals Distribution Control Act1966-1978. 2. Amendment of s. 6 . Section 6 of the Principal Act is amended by, in subsection (4), omitting the words ", damage, injury or injurious affection " where twice occurring and substituting the words " or damage " in each case.

526 Agricultural Chemicals Distribution Control Act Amdt Act 1978, No. 68 3. Amendment of s. 26 . Section 26 of the Principal Act is amended by- (a) in subsection (1), (i) in the first paragraph, (A) omitting the words " or cause to be made at the time of such distribution a record " and substituting the words " a record (in duplicate) "; (B) omitting the words ", and shall keep or cause to be kept such record for a period of two years after such distribution "; (ii) in the second paragraph, omitting the words " or cause to be made "; (iii) omitting the third paragraph; (b) omitting subsection (2) and substituting the following subsections:- " (2) The owner of an aircraft and the owner of ground equipment referred to in subsection (1) shall- (a) in the case of the owner of an aircraft; (b) in the case of the owner of ground equipment from which ground distribution is carried out within such areas of the State as are prescribed from time to time for the purposes of this provision by Order in Council, within 14 days after such distribution is carried out lodge with the standards officer the original of the record referred to in subsection (1) and shall keep the duplicate of that record for two years after such distribution. (2A) The owner of ground equipment referred to in subsection (1) from which ground distribution is carried out in areas of the State other than those areas prescribed pursuant to subsection (2) (b) shall at the request of the standards officer made within two years after such distribution lodge with that officer within the time specified in the request the original of the record referred to in subsection (1) and shall keep the duplicate of the record for two years after such distribution.". 4. Amendment of s. 27. Section 27 of the Principal Act is amended by- (a) in subsection (1), (i) inserting after the words " Any record " the words " or duplicate of such record "; (ii) inserting after the words " this Act shall " the words ", within two years after the distribution referred to in subsection (1) of that section "; (iii) inserting after the words " the record " the words " or duplicate "; (iv) inserting after the words "as the case may be" the words ,,who may retain the record or duplicate for such time as he thinks necessary and make a copy of the record or duplicate or cause a copy of the record or duplicate to be made "; (b) in subsection (2), omitting the word " kept " and substituting the words " or duplicate of a record made ".

Agricultural Chemicals Distribution Control Act Amdt Act 1978, No. 68 527 5. Amendment of s. 30 . Section 30 of the Principal Act is amended by- (a) in subsection (1), (i) omitting the words " crops or stock on land owned or occupied by him have been injuriously affected by " and substituting the words " loss of or damage to crops or stock on land owned or occupied by him is caused by or arises out of or in connexion with "; (ii) omitting the words " injurious effect " where firstly and fourthly occurring and substituting the words " loss or damage " in each case; (iii) omitting the words " injurious effect " where secondly and thirdly occurring and substituting the words " loss of or damage " in each case; (b) in subsection (2), omitting the words " injuriously affected " and substituting the words " damaged or lost ". 6. Amendment of s. 32. Section 32 of the Principal Act is amended by, in subsection (1)- (a) in paragraph (a), omitting the words " injuriously affected " and substituting the words " lost or damaged "; (b) in paragraphs (c) and (d), omitting the word " affected " and substituting the words " lost or damaged " in each case. 7. Amendment of s. 33. Section 33 of the Principal Act is amended by in the second paragraph of subsection (1), omitting the words " injurious effect " and substituting the words " loss or damage ". 8. Amendment of s. 34 . Section 34 of the Principal Act is amended by in subsection (1)- (a) omitting paragraphs (a), (b) and (c) and substituting the following paragraphs:- (a) enter any place where- (i) there is or he has reasonable ground to believe there is or will be any aircraft or ground equipment which he reasonably believes to be used or intended to be used for aerial or ground distribution; (ii) he has reasonable ground to believe aerial or ground distribution is being, has been or will be carried out; (b) search therein for any crop, material, aircraft, aerial equipment, ground equipment, loading equipment or mixing equipment; (c) inspect and examine or cause to be inspected and examined any crop, material, aircraft, aerial equipment, ground equipment, loading equipment or mixing equipment found therein; (ca) open or cause to be opened any package, container, bin, tank or hopper found therein that contains or that he has reasonable ground to believe contains an agricultural chemical; (cb) select and take or cause to be selected and taken, and remove or cause to be removed for analysis any crop or material found therein or any other matter found therein that he suspects is an agricultural chemical, or portions or samples of any such crop, material or matter; "; (b) in paragraph (d) (ii), omitting the words " and examination and substituting the words ", examination, opening, selecting, taking or removing ".

528 Agricultural ChemicalsDistributionControl Act Amdt Act 1978, No. 68 9. Amendment of s. 35 . Section 35 of the Principal Act is amended by in subsection (1), inserting at the end of paragraph (b) the words " or otherwise approved or prescribed under that Act ". 10. Amendment of s. 36 . Section 36 of the Principal Act is amended by, in subsection (1), omitting the words " damage or injury " and substituting the words " loss of or damage ". 11. Amendment of s. 40. Section 40 of the Principal Act is amended by inserting at the end of paragraph (d) the following symbol and paragraph:- ft (e) fails when reasonably required so to do to assist an inspector or officer in the exercise of his powers under section 34 of this Act ".