Agricultural Standards Act 1994 (Qld)

Queensland Agricultural Standards Act 1994 Current as at 1 July 2010

Information about this reprint This Act is reprinted as at 1 July 2010. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Agricultural Standards Act 1994 Contents Part 1 Division 1 1 Division 2 3 Division 3 4 Part 2 5 6 7 8 9 10 Part 3 11 12 13 14 14A Part 4 Division 1 15 16 17 Page Preliminary Short title Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Object of Act Main object of Act and its achievement . . . . . . . . . . . . . . . . . . . . 5 Interpretation Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Standards Chief executive may make standards . . . . . . . . . . . . . . . . . . . . . . 6 Standard is subordinate legislation . . . . . . . . . . . . . . . . . . . . . . . 7 Advisory committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Procedure to make standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Compensation not payable on making, amendment or repeal . . . 8 Regulation prevails over standard . . . . . . . . . . . . . . . . . . . . . . . . 8 Offences about agriculture Offences about packing and labelling of agricultural requirements .................................. 8 False or misleading representations about agricultural requirements .................................... 8 Offence about prohibited materials, harmful ingredients etc. . . . . 9 Offence about false or misleading representations about the use or non-use of hormonal growth promotants. . . . . . . . . . . 10 False or misleading representations about stock . . . . . . . . . . . . . 10 Enforcement of Act Inspectors and analysts Appointment of inspectors and analysts. . . . . . . . . . . . . . . . . . . . 11 Limitation on inspector’s powers. . . . . . . . . . . . . . . . . . . . . . . . . . 11 Inspector’s appointment conditions . . . . . . . . . . . . . . . . . . . . . . . 11

Agricultural Standards Act 1994 Contents 18 19 Division 2 20 21 22 23 24 Division 3 25 26 27 28 29 30 31 32 Division 4 33 34 35 Division 5 36 37 38 39 40 41 42 43 44 45 46 Inspector’s identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Production or display of inspector’s identity card . . . . . . . . . . . . . Inspector’s entry to places and vehicles Entry to places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consent to entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Warrants for entry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Warrants—applications made other than in person . . . . . . . . . . . Entry to vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inspector’s power to seize Power to seize . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers in support of seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . Receipt for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Return of seized things. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forfeiture of seized thing if not changed to comply with Act. . . . . Forfeiture of seized thing if can not be changed to comply with Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forfeiture of unclaimed seized things . . . . . . . . . . . . . . . . . . . . . . Inspector’s general powers General powers after entering places or vehicles . . . . . . . . . . . . Power to require name and address. . . . . . . . . . . . . . . . . . . . . . . Power to require production of documents . . . . . . . . . . . . . . . . . . Other enforcement matters Destruction of agricultural requirement that is a serious risk to health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Analysis of samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Publication of analysis results . . . . . . . . . . . . . . . . . . . . . . . . . . . False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . False, misleading or incomplete documents . . . . . . . . . . . . . . . . Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inspector to give notice of damage. . . . . . . . . . . . . . . . . . . . . . . . Obstructing inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Impersonating inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 12 13 13 14 15 17 18 19 20 20 20 21 21 21 22 23 24 24 25 25 26 26 27 27 28 28 28 29 Page 2

Part 5 47 48 49 50 Part 6 51 Part 7 58 59 60 61 62 63 64 65 Part 8 66 67 74 Part 9 75 Schedule Agricultural Standards Act 1994 Contents Internal review of decisions Who may apply for internal review etc.. . . . . . . . . . . . . . . . . . . . . Applying for internal review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chief executive’s decision on internal review . . . . . . . . . . . . . . . . Stay of operation of original decision etc.. . . . . . . . . . . . . . . . . . . External reviews by QCAT Who may apply for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Legal proceedings Offences are summary offences. . . . . . . . . . . . . . . . . . . . . . . . . . Attempts to commit offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . Limitation on time for starting proceedings. . . . . . . . . . . . . . . . . . Evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidence of certain matters—notice of challenge required . . . . . Analyst’s certificate or report produced by defendant . . . . . . . . . Expenses of analysis to be paid by offenders on conviction . . . . Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Chief executive may delegate. . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provision for TradeMeasurementLegislationRepeal Act 2009 Amendment of regulation by Trade Measurement LegislationRepealAct2009 does not affect powers of Governor in Council . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 29 30 30 31 31 31 31 32 33 34 35 35 35 36 36 37 38 Endnotes 1 2 3 4 5 6 7 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 41 42 42 43 43 44 Page 3

Agricultural Standards Act 1994 Part 1 Preliminary [s 1] Agricultural Standards Act 1994 [as amended by all amendments that commenced on or before 1 July 2010] An Act to provide for the making of agricultural standards and for other agricultural matters Part 1 Preliminary Division 1 Short title 1 Short title This Act may be cited as the Agricultural Standards Act 1994. Division 2 Object of Act 3 Main object of Act and its achievement (1) The main object of this Act is to provide for the making of standards about agriculture. (2) This object is to be achieved by— (a) establishing an administrative framework for the making of standards about agriculture by the chief executive; and (b) providing appropriate powers to ensure the standards are complied with. Current as at 1 July 2010 Page 5

Agricultural Standards Act 1994 Part 2 Standards [s 4] Division 3 Interpretation 4 Definitions The dictionary in the schedule defines particular words used in this Act. Part 2 Standards 5 Chief executive may make standards (1) The chief executive may make standards under this Act about agriculture, including, for example, standards about the following— (a) protecting the genetic purity or other qualities of seed for agriculture; (b) regulating the ingredients of agricultural requirements; (c) packing and labelling of agricultural requirements; (d) selling or using hormonal growth promotants; (e) marking or non-marking of stock in relation to the use or non-use of hormonal growth promotants; (f) selling stock. Examples of standards about labelling — • the way a label must be attached • the legibility of a label • the information to be contained on a label • the durability of a label. (2) A standard may also make provision about the following— (a) approvals or licences about agriculture, including, for example, provision about their grant, refusal, renewal, amendment, suspension and cancellation; Page 6 Current as at 1 July 2010

Agricultural Standards Act 1994 Part 2 Standards [s 6] (b) things that are prohibited materials or harmful ingredients in agricultural requirements. (3) A standard may also create offences and prescribe penalties of not more than 20 penalty units for each offence. 6 Standard is subordinate legislation A standard is subordinate legislation. 7 Advisory committees (1) The chief executive may establish committees made up of persons the chief executive considers appropriate to advise the chief executive about standards. Example — The chief executive may establish a seed certification committee to advise the chief executive about standards to protect the genetic purity and other qualities of certain seed. (2) The chief executive may decide— (a) the functions or terms of reference of a committee; and (b) the membership of a committee; and (c) conditions on which a person is appointed a member of a committee; and (d) how a committee is to operate. (3) If a committee makes a recommendation to the chief executive, the chief executive must give proper consideration to the recommendation. 8 Procedure to make standard (1) Before making a standard, the chief executive must prepare a draft standard and take reasonable steps to engage in consultation about the draft standard. (2) A regulation may prescribe— Current as at 1 July 2010 Page 7

Agricultural Standards Act 1994 Part 3 Offences about agriculture [s 9] (a) the way a draft standard must be published; and (b) the information that must be contained in a standard. 9 Compensation not payable on making, amendment or repeal (1) Compensation is not payable if a standard is made, amended or repealed, or anything previously permitted is prohibited or regulated under a standard. (2) However, subsection (1) does not prevent a regulation or standard providing for payment of compensation. 10 Regulation prevails over standard If there is an inconsistency between a regulation and a standard (whether made before or after the regulation), the regulation prevails to the extent of the inconsistency. Part 3 Offences about agriculture 11 Offences about packing and labelling of agricultural requirements (1) This section applies to an agricultural requirement if a standard requires it to be packed or labelled in a particular way. (2) A person must not sell the agricultural requirement unless it is packed or labelled in the required way. Maximum penalty—50 penalty units. 12 False or misleading representations about agricultural requirements (1) A person must not, in trade or commerce, in connection with the supply or possible supply of an agricultural requirement or Page 8 Current as at 1 July 2010

Agricultural Standards Act 1994 Part 3 Offences about agriculture [s 13] the promotion of the supply or use of an agricultural requirement— (a) make a representation the person knows is false or misleading in a material particular; or (b) omit from a statement attached to an agricultural requirement, or a container containing the agricultural requirement, anything without which the statement is, to the person’s knowledge, misleading in a material particular. Example of false representation about an agricultural requirement — A representation that a substance is laying mash if the substance does not contain the required level of calcium. Maximum penalty—100 penalty units. (2) It is enough for a complaint against a person for an offence against subsection (1)(a) or (b) to state that the representation or statement was false or misleading to the person’s knowledge. 13 Offence about prohibited materials, harmful ingredients etc. (1) A standard may prescribe— (a) the things that are prohibited materials or harmful ingredients; or (b) the maximum amount of a harmful ingredient that may be contained in an agricultural requirement. (2) A person must not, in trade or commerce in connection with the supply or possible supply of an agricultural requirement, possess an agricultural requirement containing— (a) a prohibited material; or (b) too much of a harmful ingredient. Maximum penalty—100 penalty units. Current as at 1 July 2010 Page 9

Agricultural Standards Act 1994 Part 3 Offences about agriculture [s 14] 14 Offence about false or misleading representations about the use or non-use of hormonal growth promotants (1) A person must not, in trade or commerce, make a false or misleading representation, whether by the marking or non-marking of stock or otherwise, about the use or non-use of a hormonal growth promotant that the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units. (2) It is not a defence to a prosecution for an offence against subsection (1) that the person did not know the stock had been treated with a hormonal growth promotant if the person did not make reasonable inquiries. 14A False or misleading representations about stock (1) A person must not, in trade or commerce, in connection with the sale of stock, make a representation about a prescribed matter for the stock the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units. (2) It is enough for a complaint for an offence against subsection (1) to state the representation made was ‘false or misleading’ to the person’s knowledge, without specifying which. (3) In this section— prescribed matter means— (a) the property from which the stock were sourced for the sale; or (b) the period the stock were held on the property; or (c) the accreditation of the property by an industry body for the stock; or (d) the treatment of the stock with, or other exposure of the stock to, a chemical or drug (other than a hormonal growth promotant); or Page 10 Current as at 1 July 2010

Agricultural Standards Act 1994 Part 4 Enforcement of Act [s 15] (e) the feeding of the stock; or (f) another matter prescribed under a regulation. Part 4 Enforcement of Act Division 1 Inspectors and analysts 15 Appointment of inspectors and analysts (1) The chief executive may appoint a person to be an inspector or analyst. (2) The chief executive may appoint a person as an inspector or analyst only if the chief executive is satisfied the person has the necessary expertise or experience. 16 Limitation on inspector’s powers The powers of an inspector may be limited— (a) under a regulation; or (b) under a condition of appointment; or (c) by written notice given by the chief executive to the inspector. 17 Inspector’s appointment conditions (1) An inspector holds office on the conditions stated in the instrument of appointment. (2) An inspector— (a) if the appointment provides for a term of appointment—ceases holding office at the end of the term; and Current as at 1 July 2010 Page 11

Agricultural Standards Act 1994 Part 4 Enforcement of Act [s 18] (b) may resign by signed notice of resignation given to the chief executive; and (c) if the conditions of appointment provide—ceases holding office as an inspector on ceasing to hold another office stated in the appointment conditions. 18 Inspector’s identity card (1) The chief executive must give each inspector an identity card. (2) The identity card must— (a) contain a recent photograph of the inspector; and (b) be signed by the inspector; and (c) identify the person as an inspector for this Act. (3) A person who ceases to be an inspector must return the person’s identity card to the chief executive as soon as practicable (but within 21 days) after the person ceases to be an inspector, unless the person has a reasonable excuse. Maximum penalty—10 penalty units. (4) This section does not prevent the giving of a single identity card to a person under this section and for other provisions, Acts or purposes. 19 Production or display of inspector’s identity card (1) An inspector may exercise a power in relation to someone else only if the inspector— (a) first produces his or her identity card for the person’s inspection; or (b) has the identity card displayed so it is clearly visible to the person. (2) However, if for any reason it is not practicable to comply with subsection (1), the inspector must produce the identity card for inspection by the person at the first reasonable opportunity. Page 12 Current as at 1 July 2010

Division 2 Agricultural Standards Act 1994 Part 4 Enforcement of Act [s 20] Inspector’s entry to places and vehicles 20 Entry to places (1) An inspector may enter a place under this part only if— (a) it is a public place and the entry is made when the place is open to the public; or (b) the purpose of the entry is to gain the occupier’s consent; or (c) its occupier consents to the entry; or (d) the entry is permitted by a warrant; or (e) it is a place other than a place where people reside and entry is made— (i) to check compliance with a provision of this Act about the content, labelling or sale of food for stock; and (ii) for the purpose of preventing the introduction of an exotic disease into the State or controlling the spread of an exotic disease; and (iii) at a reasonable time. (2) Before entering a place under subsection (1)(e), the inspector must do or make a reasonable attempt to do all of the following— (a) comply with section 19(1); (b) tell the occupier of the place the inspector is authorised under this Act to enter the place; (c) give the occupier an opportunity to consent to the entry. 21 Consent to entry (1) This section applies if an inspector intends to seek the consent of an occupier of a place to an inspector entering the place under section 20(1)(c). Current as at 1 July 2010 Page 13

Agricultural Standards Act 1994 Part 4 Enforcement of Act [s 22] (2) Before seeking the consent, the inspector must inform the occupier— (a) of the purpose of the entry; and (b) that anything found and seized may be used in evidence in court; and (c) that the occupier is not required to consent. (3) If the consent is given, the inspector may ask the occupier to sign an acknowledgment of the consent. (4) The acknowledgment must state— (a) the occupier was informed— (i) of the purpose of the entry; and (ii) that anything found and seized may be used in evidence in court; and (iii) that the occupier was not required to consent; and (b) the occupier gave the inspector consent under this part to enter the place and to exercise powers under this part; and (c) the time and date the consent was given. (5) If the occupier signs an acknowledgment of consent, the inspector must immediately give a copy to the occupier. (6) Unless the contrary is proven, a court must presume an occupier of a place did not consent to an inspector entering the place if— (a) a question arises, in a proceeding before the court, whether the occupier consented to the inspector entering; and (b) an acknowledgment of the consent is not produced in evidence. 22 Warrants for entry (1) An inspector may apply to a magistrate for a warrant to enter a place. Page 14 Current as at 1 July 2010

Agricultural Standards Act 1994 Part 4 Enforcement of Act [s 23] (2) The application must be sworn and state the grounds on which the warrant is sought. (3) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example — The magistrate may require additional information supporting the application to be given by statutory declaration . (4) The magistrate may issue a warrant only if satisfied the inspector has reasonable grounds for suspecting— (a) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and (b) the evidence is, or may be within the next 7 days, at the place. (5) The warrant must state— (a) that the inspector may, with necessary and reasonable assistance and force, enter the place and exercise the inspector’s powers under this Act; and (b) the evidence for which the warrant is issued; and (c) the hours of the day when entry may be made; and (d) the day, within 14 days after the warrant’s issue, the warrant ends. (6) The magistrate must record the reasons for issuing the warrant. 23 Warrants—applications made other than in person (1) An inspector may apply for a warrant by phone, fax, radio or another form of communication if the inspector considers it necessary because of urgent circumstances or other special circumstances, including, for example, the inspector’s remote location. Current as at 1 July 2010 Page 15

Agricultural Standards Act 1994 Part 4 Enforcement of Act [s 23] (2) Before applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought. (3) The inspector may apply for the warrant before the application is sworn. (4) After issuing the warrant, the magistrate must immediately fax a copy to the inspector if it is reasonably practicable to fax the copy. (5) If it is not reasonably practicable to fax a copy of the warrant to the inspector— (a) the magistrate must— (i) record on the warrant the reasons for issuing the warrant; and (ii) tell the inspector the date and time the warrant was signed; and (iii) tell the inspector the warrant’s terms; and (b) the inspector must write on a form of warrant ( warrant form )— (i) the magistrate’s name; and (ii) the date and time the magistrate signed the warrant; and (iii) the warrant’s terms. (6) The facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the powers mentioned in the warrant issued by the magistrate. (7) The inspector must, at the first reasonable opportunity, send the magistrate— (a) the sworn application; and (b) if a warrant form was required to be completed by the inspector—the completed warrant form. Page 16 Current as at 1 July 2010

Agricultural Standards Act 1994 Part 4 Enforcement of Act [s 24] (8) On receiving the documents, the magistrate must attach them to the warrant. (9) Unless the contrary is proven, a court must presume that a power exercised by an inspector was not authorised by a warrant issued under this section if— (a) a question arises, in a proceeding before the court, whether the exercise of power was authorised by a warrant; and (b) the warrant is not produced in evidence. 24 Entry to vehicles (1) An inspector may enter a vehicle if the inspector suspects— (a) the vehicle is being, or has been, used to commit an offence against this Act; and (b) the vehicle, or a thing in a vehicle, may provide evidence of an offence against this Act. (2) Before entering an unattended vehicle, the inspector must take reasonable steps to advise its owner, or the person in control of it, of the intention to enter. (3) To enable a vehicle to be entered, an inspector may— (a) if the vehicle is about to move—require the person in control of the vehicle not to move the vehicle; and (b) if the vehicle is moving—require the person in control of the vehicle to stop the vehicle; and (c) require the person in control of the vehicle to give reasonable assistance to the inspector; and (d) act with necessary and reasonable assistance and force. (4) The inspector may show a requirement under subsection (3)(a) or (b) by a sign or hand signal. (5) A person must comply with an inspector’s requirement under subsection (3)(a), (b) or (c), unless the person has a reasonable excuse. Current as at 1 July 2010 Page 17

Agricultural Standards Act 1994 Part 4 Enforcement of Act [s 25] Maximum penalty—40 penalty units. (6) It is a reasonable excuse for the person not to comply with a requirement if— (a) the person believes that to immediately comply with the requirement would endanger the person or another person; and (b) the person complies with the requirement at the first reasonable opportunity. Division 3 Inspector’s power to seize 25 Power to seize (1) An inspector who enters a vehicle under this part may seize a thing in the vehicle if the inspector believes, on reasonable grounds, the thing is evidence of an offence against this Act. (2) An inspector who enters a place under this part with a warrant may seize the evidence for which the warrant was issued. (3) An inspector who enters a place under this part with the occupier’s consent may seize the particular thing for which the entry was made, if the inspector believes, on reasonable grounds, the thing is evidence of an offence against this Act. (4) An inspector who enters a place under section 20(1)(a) or (e) may seize a thing at the place if the inspector believes, on reasonable grounds, the thing is evidence of an offence against this Act. (5) For subsections (2) and (3), the inspector may also seize another thing if the inspector believes, on reasonable grounds— (a) the thing is evidence of an offence against this Act; and (b) the seizure is necessary to prevent the thing being— (i) concealed, lost or destroyed; or (ii) used to commit, continue or repeat the offence. Page 18 Current as at 1 July 2010

Agricultural Standards Act 1994 Part 4 Enforcement of Act [s 26] (6) Having seized a thing, an inspector may— (a) move the thing from the place where it was seized (the place of seizure ) to another place; or (b) leave the thing at the place of seizure but restrict access to the thing. Example of subsection (6)(b) — An inspector may— (a) seal a thing and mark it to show it has been seized; or (b) seal the entrance to a room where the seized thing is situated and mark it to show it contains a thing that has been seized. (7) If an inspector restricts access to a seized thing, a person must not tamper with it without the approval of the inspector or chief executive. Maximum penalty—40 penalty units. 26 Powers in support of seizure (1) To enable a thing to be seized, an inspector may, by written notice given to the person in control of the thing, require the person— (a) to take it to a stated reasonable place by a stated reasonable time; and (b) if necessary, to remain in control of it at the place for a reasonable time. (2) If, for any reason, it is not practicable to make the requirement by written notice, the requirement may be made orally and confirmed by written notice as soon as practicable. (3) A person must comply with a requirement under this section, unless the person has a reasonable excuse for not complying with it. Maximum penalty—40 penalty units. Current as at 1 July 2010 Page 19

Agricultural Standards Act 1994 Part 4 Enforcement of Act [s 27] 27 Receipt for seized things (1) As soon as practicable after an inspector seizes a thing, the inspector must give a receipt for it to the person from whom it was seized. (2) However, if for any reason it is not practicable to comply with subsection (1), the inspector must leave the receipt at the place of seizure, in a reasonably secure way and in a conspicuous position. (3) Subsection (1) does not apply if— (a) the thing is unattended when seized; and (b) the thing’s owner is unknown; and (c) the owner can not be found after reasonable inquiries (given the thing’s value) have been made. 28 Access to seized things Until a seized thing is forfeited, returned, or otherwise finally dealt with, an inspector must allow its owner— (a) to inspect it; or (b) if it is a document—to make copies of it. 29 Return of seized things (1) This section does not apply to a thing forfeited to the State. (2) The inspector must return a seized thing to its owner at the end of— (a) 6 months; or (b) if a prosecution for an offence involving it is started within 6 months—the prosecution and any appeal from the prosecution. (3) Despite subsection (2), the inspector must return the seized thing to its owner immediately the inspector stops being satisfied its retention as evidence is necessary. Page 20 Current as at 1 July 2010

Agricultural Standards Act 1994 Part 4 Enforcement of Act [s 30] 30 Forfeiture of seized thing if not changed to comply with Act (1) If an inspector believes a seized thing can be changed to make it comply with this Act, the inspector may require the thing’s owner to do what is reasonable within a stated reasonable time to make it comply. Example of a thing mentioned in subsection (1) — A bag of seed containing prohibited material that can be separated and removed from the seed. (2) If the person does not comply with the requirement, the seized thing is forfeited to, and becomes the property of, the State. 31 Forfeiture of seized thing if can not be changed to comply with Act If an inspector believes, on reasonable grounds— (a) a seized thing can not be changed to make it comply with this Act; and (b) it is necessary to retain it to prevent its use in committing an offence; the seized thing is forfeited to, and becomes the property of, the State. Example — Stock food containing too much of a harmful ingredient that can not be separated and removed from the stock food. 32 Forfeiture of unclaimed seized things A seized thing is forfeited to, and becomes the property of, the State if the chief executive— (a) can not find its owner after reasonable inquiries (given the thing’s value) have been made; or (b) is unable, after making reasonable efforts, to return it to its owner. Current as at 1 July 2010 Page 21

Agricultural Standards Act 1994 Part 4 Enforcement of Act [s 33] Division 4 Inspector’s general powers 33 General powers after entering places or vehicles (1) An inspector who enters a place or vehicle under this part may— (a) search any part of the place or vehicle; or (b) inspect, test, photograph or film anything in the place or vehicle; or (c) copy a document found in the place or vehicle; or (d) take samples of anything in the place or vehicle; or (e) take into or onto the place or vehicle the persons, equipment and materials the inspector reasonably requires for exercising a power under this part; or (f) require the occupier of the place or a person in the place, or the person in control of the vehicle or a person in the vehicle, to give the inspector reasonable assistance to exercise the inspector’s powers. Example of subsection (1)(f) — The inspector may require a person in a vehicle (a) to unload the vehicle; or (b) to move the vehicle to a stated place; or (c) to remain in control of the vehicle at the place for a reasonable time. (2) The person must comply with a requirement under subsection (1)(f), unless the person has a reasonable excuse. Maximum penalty—40 penalty units. (3) If the requirement is to be complied with by a person— (a) giving information; or (b) producing a document (other than a document required to be kept by the person under this Act); Page 22 Current as at 1 July 2010

Agricultural Standards Act 1994 Part 4 Enforcement of Act [s 34] it is a reasonable excuse for the person to fail to comply with the requirement if complying might incriminate the person. 34 Power to require name and address (1) An inspector may require a person to state the person’s name and address if the inspector— (a) finds the person committing an offence against this Act; or (b) finds the person in circumstances that lead, or has information that leads, the inspector to suspect, on reasonable grounds, the person has just committed an offence against this Act. (2) When making the requirement, the inspector must warn the person it is an offence to fail to state the person’s name and address, unless the person has a reasonable excuse. (3) The inspector may require the person to give evidence of the correctness of the person’s stated name or address if the inspector suspects, on reasonable grounds, that the stated name or address is false. (4) The person must comply with a requirement under subsection (1) or (3), unless the person has a reasonable excuse for not complying with it. Maximum penalty—40 penalty units. (5) The person does not commit an offence against this section if— (a) the inspector required the person to state the person’s name and address on suspicion of the person having committed an offence against this Act; and (b) the person is not proved to have committed the offence. Current as at 1 July 2010 Page 23

Agricultural Standards Act 1994 Part 4 Enforcement of Act [s 35] 35 Power to require production of documents (1) An inspector may require a person to produce a document required to be held or kept by the person under this Act to the inspector for inspection. (2) The person must comply with the requirement, unless the person has a reasonable excuse for not complying with it. Maximum penalty—50 penalty units. (3) The inspector may keep the document to take an extract from, or make a copy of, the document. (4) If the inspector makes a copy of the document, or an entry in the document, the inspector may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry. (5) The person responsible for keeping the document must comply with a requirement made under subsection (4), unless the person has a reasonable excuse for not complying with it. Maximum penalty—50 penalty units. (6) The inspector must return the document to the person as soon as practicable after taking the extract or making the copy. Division 5 Other enforcement matters 36 Destruction of agricultural requirement that is a serious risk to health (1) If an inspector enters a place under this part and finds in the place an agricultural requirement the inspector believes, on reasonable grounds, is a serious risk of substantial harm to a person’s or animal’s health, trade or commerce, or the environment, the inspector may destroy the agricultural requirement or require the occupier of the place to make the agricultural requirement harmless. Page 24 Current as at 1 July 2010

Agricultural Standards Act 1994 Part 4 Enforcement of Act [s 37] (2) A person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—80 penalty units. 37 Analysis of samples (1) The chief executive may have a sample taken by an inspector analysed. (2) A person must not knowingly or fraudulently— (a) tamper with a thing so a sample of the thing taken by an inspector when analysed does not correctly represent the thing or its qualities; or (b) tamper with a sample taken by an inspector for analysis. Maximum penalty—40 penalty units. (3) If a particular method of analysis has been prescribed under a standard or under the regulations, the analyst must follow the method. (4) The chief executive must obtain from the analyst a certificate or report stating the analysis result. (5) If the analysis result shows the thing does not comply with this Act, the chief executive must give the person from whom the analysed thing was obtained a copy of the certificate or report. 38 Publication of analysis results The chief executive may publish a document containing— (a) the analysis results; or (b) the name and address of the person from whom the analysed thing was obtained; or (c) the name and address of the person who manufactured, packed, distributed or sold the analysed thing; or Current as at 1 July 2010 Page 25

Agricultural Standards Act 1994 Part 4 Enforcement of Act [s 39] (d) the name and address of the person in charge of the analysed thing; or (e) an explanation of, and comment on, the analysis results. 39 False or misleading information (1) A person must not— (a) state anything to an inspector the person knows is false or misleading in a material particular; or (b) omit from a statement made to an inspector anything without which the statement is, to the person’s knowledge, misleading in a material particular. Maximum penalty—40 penalty units. (2) It is enough for a complaint against a person for an offence against subsection (1)(a) or (b) to state that the statement made was false or misleading to the person’s knowledge. 40 False, misleading or incomplete documents (1) A person must not give the chief executive or an inspector a document containing information the person knows is false, misleading or incomplete in a material particular. Maximum penalty—40 penalty units. (2) Subsection (1) does not apply to a person who, when giving the document— (a) informs the chief executive or inspector, to the best of the person’s ability, how it is false, misleading or incomplete; and (b) if the person has, or can reasonably obtain, the correct information—gives the correct information to the chief executive or inspector. Page 26 Current as at 1 July 2010

Agricultural Standards Act 1994 Part 4 Enforcement of Act [s 41] 41 Compensation (1) A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under this Act, including, for example, in complying with a requirement made of the person under this part. (2) Payment of compensation may be claimed and ordered in a proceeding for— (a) compensation brought in a court of competent jurisdiction; or (b) an offence against this Act brought against the person making the claim for compensation. (3) A court may order the payment of compensation for the loss or expense only if it is satisfied it is just to make the order in the circumstances of the particular case. (4) A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order. 42 Forfeiture on conviction (1) On the conviction of a person for an offence against this Act, the court may order the forfeiture to the State of the thing the subject of the offence. (2) The court may make an order under subsection (1) in relation to a thing— (a) whether or not the thing has been seized under this Act; and (b) if the thing has been seized—whether or not the thing has been returned to its owner. (3) The court may make any order to enforce the forfeiture that it considers appropriate. (4) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law. Current as at 1 July 2010 Page 27

Agricultural Standards Act 1994 Part 4 Enforcement of Act [s 43] 43 Dealing with forfeited things (1) On the forfeiture of a thing, the thing becomes the State’s property and may be dealt with by the chief executive as the chief executive considers appropriate. (2) Without limiting subsection (1), the chief executive may— (a) sell it to its previous owner or a person who had a legal or beneficial interest in it; or (b) sell it to anyone else; or (c) destroy it or give it away. 44 Inspector to give notice of damage (1) This section applies if an inspector damages anything when exercising or purporting to exercise a power under this Act. (2) The inspector must immediately give written notice of the particulars of the damage to the person who appears to be the thing’s owner. (3) If, for any reason, it is not practicable to comply with subsection (2), the inspector must leave the notice, in a reasonably secure way and in a conspicuous position, at the place where the damage happened. (4) This section does not apply to damage the inspector believes, on reasonable grounds, is trivial. (5) In this section— owner of a thing includes the person in possession or control of the thing. 45 Obstructing inspectors A person must not obstruct an inspector exercising a power under this Act, unless the person has a reasonable excuse. Maximum penalty—60 penalty units. Page 28 Current as at 1 July 2010

Agricultural Standards Act 1994 Part 5 Internal review of decisions [s 46] 46 Impersonating inspectors A person must not pretend to be an inspector. Maximum penalty—60 penalty units. Part 5 Internal review of decisions 47 Who may apply for internal review etc. (1) A person whose interests are adversely affected by a decision of the chief executive under this Act, other than a decision under this part, or part 2 or 4, may apply to the chief executive for an internal review of the decision. (2) A person whose interests are adversely affected by an inspector’s decision under section 36 may apply to the chief executive for an internal review of the decision. (3) A person who may seek an internal review of a decision is entitled to receive a statement of reasons for the decision. 48 Applying for internal review (1) An application by a person for internal review of a decision must be made within 28 days after notice of the decision is given to the person. (2) However, if— (a) the notice did not state reasons for the decision; and (b) the person asked for a statement of reasons for the decision within the period mentioned in subsection (1); the person may make the application within 28 days after the person is given the statement of reasons. (3) In addition, the chief executive may extend the period for making an application for internal review. Current as at 1 July 2010 Page 29

Agricultural Standards Act 1994 Part 5 Internal review of decisions [s 49] (4) An application for internal review must be written and state in detail the grounds on which the applicant seeks internal review of the decision. 49 Chief executive’s decision on internal review (1) The chief executive must make a decision on an application for internal review, and must give the applicant an information notice for the decision, within 28 days after the application is made. (2) If a decision under subsection (1) is not made within the 28 day period, the chief executive is taken to have made a decision at the end of the period confirming the original decision. 50 Stay of operation of original decision etc. (1) If an application is made under this part for internal review of a decision, the applicant may immediately apply, as provided under the QCAT Act, to QCAT for a stay of the decision. (2) QCAT may stay the decision to secure the effectiveness of the internal review and any later application to QCAT for external review of the decision. (3) A stay— (a) may be given on conditions QCAT considers appropriate; and (b) operates for the period fixed by QCAT; and (c) may be revoked or amended by QCAT. (4) The period of a stay under this section must not extend past the time when the chief executive reviews the decision and any later period QCAT allows the applicant to enable the applicant to apply to QCAT for external review of the chief executive’s decision. (5) The making of an application under this part for internal review of a decision affects the decision, or the carrying out of the decision, only if the decision is stayed. Page 30 Current as at 1 July 2010

Part 6 Agricultural Standards Act 1994 Part 6 External reviews by QCAT [s 51] External reviews by QCAT 51 Who may apply for review A person who is given, or is entitled to be given, an information notice for a decision may apply, as provided under the QCAT Act, to QCAT for an external review of the decision. Part 7 Legal proceedings 58 Offences are summary offences An offence against this Act is a summary offence for which a proceeding is to be brought under the Justices Act 1886 . 59 Attempts to commit offences (1) A person who attempts to commit an offence commits an offence. Maximum penalty—half the maximum penalty for committing the attempted offence. (2) The Criminal Code, section 4 applies to the attempt. 60 Limitation on time for starting proceedings A proceeding for an offence may be started within— (a) 1 year after the offence is committed; or (b) 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed. Current as at 1 July 2010 Page 31

Agricultural Standards Act 1994 Part 7 Legal proceedings [s 61] 61 Evidence (1) This section applies to a proceeding under this Act only if a party to the proceeding does not challenge the matter mentioned in this section under section 62. (2) The appointment of the chief executive or an inspector, or the authority of the chief executive or an inspector to do anything under this Act, must be presumed. (3) A signature purporting to be the signature of the chief executive or an inspector is evidence of the signature it purports to be. (4) A certificate purporting to be signed by the chief executive or an inspector is evidence of the following matters stated in the certificate— (a) a stated document is— (i) an approval or licence or copy of an approval or licence; or (ii) a direction, requirement or decision, or a copy of a direction, requirement or decision, given or made under this Act; or (iii) a document, a copy of a document or an extract from a document kept under this Act; (b) on a stated day, or during a stated period, a stated person was or was not the holder of a stated approval or licence; (c) a stated approval or licence was or was not in force on a stated day or during a stated period; (d) on a stated day, a stated approval or licence was suspended for a stated period or was cancelled; (e) on a stated day, a stated person was given a stated direction or requirement under this Act; (f) a stated fee is payable under this Act by a stated person and has not been paid. Page 32 Current as at 1 July 2010

Agricultural Standards Act 1994 Part 7 Legal proceedings [s 62] (5) A certificate or report purporting to be signed by an analyst is evidence of the following matters stated in the certificate or report— (a) the analyst received from a stated person the sample mentioned in the certificate or report; (b) the analyst analysed the sample on a stated day and at a stated place; (c) the results of the analysis. 62 Evidence of certain matters—notice of challenge required (1) This section applies if a summons has been served on a person for, or a person has been charged with, an offence under this Act. (2) A notice in the approved form (the notice ) must be served on the person when the person is served with the summons or charged with the offence. (3) The notice may be served on the person in the same way as a summons may be served under the Justices Act 1886 , section 56. (4) The notice must inform the person that, if the person intends challenging any of the following matters, the person must give the chief executive written notice of the intention at least 14 days before the day fixed for the hearing— (a) the appointment of the chief executive or an inspector; (b) the authority of the chief executive or an inspector to do anything under this Act; (c) a signature purporting to be the signature of the chief executive or an inspector; (d) matters mentioned in section 61(4) and stated in a certificate purporting to be signed by the chief executive or an inspector; Current as at 1 July 2010 Page 33

Agricultural Standards Act 1994 Part 7 Legal proceedings [s 63] (e) matters mentioned in section 61(5) and stated in a certificate or report purporting to be signed by an analyst; (f) an allegation or averment in a complaint about the following matters— (i) an agricultural requirement was sold or prepared for sale; (ii) a package containing an agricultural requirement was not labelled or marked as prescribed; (iii) a material is an agricultural requirement or was sold, used, or intended for sale or use as an agricultural requirement. (5) If a summons is served on the person, a statement in a deposition made for the JusticesAct1886 , section 56(3)(b) that the notice was served as required by subsection (2) is evidence of the fact. (6) The Justices Act 1886 , section 56(5) applies to the deposition. (7) If the person is charged with an offence mentioned in subsection (1), a statement in a deposition made for the Justices Act 1886 , section 56(7) that the notice was served as required by subsection (2) is evidence of the fact. (8) The Justices Act 1886 , section 56(8) applies to the deposition. 63 Analyst’s certificate or report produced by defendant (1) A certificate or report of the result of an analysis, produced by the defendant in a prosecution, that purports to be signed by a person competent to make the analysis is evidence of its contents. (2) The defendant must send a copy of the certificate or report to the prosecutor at least 7 days before the day set down for the hearing. Page 34 Current as at 1 July 2010

Agricultural Standards Act 1994 Part 8 Miscellaneous [s 64] 64 Expenses of analysis to be paid by offenders on conviction If a person is convicted of an offence against this Act, the court may order the person to pay all costs of, and incidental to, the analysis of the thing in relation to which the conviction is obtained. 65 Protection from liability (1) In this section— official means— (a) an inspector; or (b) a person acting under the direction of an inspector. (2) An official is not civilly liable for an act or omission done honestly and without negligence under this Act. (3) If subsection (2) prevents civil liability attaching to an official, the liability attaches instead to the State. Part 8 Miscellaneous 66 Chief executive may delegate (1) The chief executive may delegate the chief executive’s powers under this Act to— (a) a committee established by the chief executive; or (b) an officer or employee of the public service; or (c) an officer or employee of an entity prescribed by regulation; or (d) an officer or employee of the Commonwealth or another State. (2) A delegation of a power to an entity prescribed by regulation may permit the subdelegation of the power. Current as at 1 July 2010 Page 35

Agricultural Standards Act 1994 Part 8 Miscellaneous [s 67] (3) This section does not limit the chief executive’s powers of delegation under other laws. 67 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) A regulation may— (a) impose fees; or (b) create offences and prescribe penalties of not more than 50 penalty units for each offence; or (c) provide for approvals or licences to be obtained by persons wishing to engage in agriculture; or (d) provide for the marking of plants or animals; or (e) provide for anything that may be provided for in a standard. Example of paragraph (d) — The marking or non-marking of animals in relation to the use or non-use of hormonal growth promotants. 74 Review of Act (1) The Minister must review this Act to decide whether its provisions remain appropriate. (2) The review must be carried out as soon as practicable after the end of the period of 7 years starting on the commencement. (3) As soon as practicable, but within 1 year after the end of the 7 year period, the Minister must table a report of the review’s outcome in the Legislative Assembly. Page 36 Current as at 1 July 2010

Agricultural Standards Act 1994 Part 9 Transitional provision for Trade Measurement Legislation Repeal Act 2009 [s 75] Part 9 Transitional provision for Trade Measurement Legislation Repeal Act 2009 75 Amendment of regulation by Trade MeasurementLegislation Repeal Act 2009 does not affect powers of Governor in Council The amendment of the Agricultural Standards Regulation 1997 by the Trade Measurement Legislation Repeal Act 2009 does not affect the power of the Governor in Council to further amend the regulation or to repeal it. Current as at 1 July 2010 Page 37

Agricultural Standards Act 1994 Schedule Schedule Dictionary section 4 agricultural requirement means— (a) seed, fertiliser, lime or stock food; or (b) other material declared under a regulation to be an agricultural requirement. agriculture includes the sale of stock. analyst means a person who holds an appointment as an analyst. Editor’s note— Analysts are appointed under section 15 (Appointment of inspectors and analysts). approved form means the form approved by the chief executive. arrangement includes agreement, promise, scheme, transaction (with or without consideration), understanding and undertaking (whether express or implied). condition includes a restriction. conviction includes a finding of guilt, and the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded. entering a vehicle includes boarding a boat. exotic disease see ExoticDiseasesinAnimalsAct1981 , schedule 2. external review , for a decision, means a review of the decision by QCAT under the QCAT Act. fee includes a charge or tax. hormonal growth promotant means a product that— Page 38 Current as at 1 July 2010

Agricultural Standards Act 1994 Schedule (a) contains, as an ingredient, 1 or more hormones or anabolic substances, including, for example, the following— (i) 17 beta oestradiol; (ii) progesterone; (iii) oestradiol benzoate; (iv) testosterone propionate; (v) trenbolone acetate; (vi) zeranol; and (b) is used for the promotion of growth of bovines or bubalines. in a vehicle or place includes on the vehicle or place. information notice means a notice complying with the QCATAct, section 157(2). inspector means a person who is appointed under this Act as an inspector. obstruct includes hinder, resist and attempt to obstruct. occupier of a place includes a person who reasonably appears to be the occupier, or in charge, of the place. owner of a seized thing includes the person from whom the thing was seized unless the chief executive is aware of its actual owner. person in control includes— (a) for a boat—the person who has, or appears to have, command or charge of the boat; and (b) for another vehicle—the vehicle’s driver or the person who reasonably appears to be the vehicle’s driver. place includes land and premises, but does not include a vehicle. possess a thing includes— (a) have custody or control of the thing; and Current as at 1 July 2010 Page 39

Agricultural Standards Act 1994 Schedule (b) have an ability or right to obtain custody or control of the thing. public place means a place the public is entitled to use, is open to the public or is used by the public, whether or not on payment of money. sell includes— (a) sell by wholesale, retail or auction; and (b) supply in trade or commerce or under an arrangement; and (c) agree, attempt or offer to sell; and (d) keep or expose for sale; and (e) cause or permit to be sold. stock see Stock Act 1915 , schedule 2. trade or commerce includes— (a) a business activity; and (b) anything else done for gain or reward. vehicle includes an aircraft, boat, caravan and trailer. Page 40 Current as at 1 July 2010

Endnotes Agricultural Standards Act 1994 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2010. Future amendments of the Agricultural Standards Act 1994 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Current as at 1 July 2010 Page 41

Agricultural Standards Act 1994 Endnotes 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 2 2A 3 3A 3B 3C Amendments to none 1995 Act No. 50 1996 Act No. 13 1998 Act No. 50 1999 Act No. 19 1999 Act No. 45 2000 Act No. 45 Effective 15 March 1995 22 November 1995 23 May 1996 27 November 1998 30 April 1999 17 September 1999 25 October 2000 Reprint date 24 March 1995 19 December 1995 29 July 1996 8 January 1999 12 May 1999 22 September 1999 9 November 2000 Reprint No. 3D 4 4A 4B Amendments included 2002 Act No. 36 — 2004 Act No. 53 2006 Act No. 48 Effective 1 October 2002 1 October 2002 29 November 2004 1 December 2006 Notes R3D withdrawn, see R4 Page 42 Current as at 1 July 2010

Agricultural Standards Act 1994 Endnotes Reprint No. 4C 4D Amendments included 2009 Act No. 24 2009 Act No. 50 Effective 1 December 2009 1 July 2010 Notes 5 Tables in earlier reprints Name of table Corrected minor errors Reprint No. 1 6 List of legislation Agricultural Standards Act 1994 No. 79 date of assent 1 December 1994 ss 1–2 commenced on date of assent remaining provisions commenced 15 March 1995 (1995 SL No. 50) amending legislation— Statute Law (Minor Amendments) Act 1995 No. 50 ss 1–3 sch date of assent 22 November 1995 commenced on date of assent Primary Industries Legislation Amendment Act 1996 No. 13 pts 1, 3 date of assent 23 May 1996 commenced on date of assent Primary Industries Legislation Amendment Act 1998 No. 50 pts 1–2 date of assent 27 November 1998 commenced on date of assent Statute Law (Miscellaneous Provisions) Act 1999 No. 19 ss 1–3 sch date of assent 30 April 1999 commenced on date of assent Primary Industries Legislation Amendment Act 1999 No. 45 ss 1, 2(4) pt 2 date of assent 17 September 1999 commenced on date of assent (see s 2(4)) Food Production (Safety) Act 2000 No. 45 s 1 pt 12 div 2 date of assent 25 October 2000 commenced on date of assent Animal Plant and Health Legislation Amendment Act 2002 No. 36 pts 1–2, s 45 sch 2 date of assent 29 August 2002 ss 1–2 commenced on date of assent remaining provisions commenced 1 October 2002 (2002 SL No. 257) Current as at 1 July 2010 Page 43

Agricultural Standards Act 1994 Endnotes Statute Law (Miscellaneous Provisions) Act 2004 No. 53 date of assent 29 November 2004 commenced on date of assent Primary Industries Legislation Amendment Act 2006 No. 48 pts 1–2 date of assent 10 November 2006 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 2006 (2006 SL No. 292) Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) AmendmentAct 2009 No. 24 ss 1–2, ch 5 pt 3 date of assent 26 June 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 2009 (2009 SL No. 252) Trade Measurement Legislation Repeal Act 2009 No. 50 ss 1–2, 18 sch date of assent 19 November 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2010 (2010 SL No. 127) 7 List of annotations PART 1—PRELIMINARY Division 1—Short title div hdg amd R2 (see RA s 7(1)(k)) Commencement s 2 om R2 (see RA s 37) Definitions s 4 Note—s 4 prev contained definitions for this Act. Definitions are now located in the schedule—Dictionary. amd 2002 No. 36 s 4(1) Chief executive may make standards s 5 amd 1998 No. 50 s 4 False or misleading representations about agricultural requirements s 12 amd 1998 No. 50 s 5 Offence about prohibited materials, harmful ingredients etc. s 13 amd 1998 No. 50 s 6 Offence about false or misleading representations about the use or non-use of hormonal growth promotants s 14 amd 1998 No. 50 s 7 False or misleading representations about stock s 14A ins 1998 No. 50 s 8 amd 1999 No. 45 s 4 Page 44 Current as at 1 July 2010

Agricultural Standards Act 1994 Endnotes PART 4—ENFORCEMENT OF ACT Division 1—Inspectors and analysts div hdg sub 1996 No. 13 s 7 Appointment of inspectors and analysts s 15 sub 1996 No. 13 s 8 Entry to places s 20 amd 2002 No. 36 s 5 Consent to entry s 21 amd 2006 No. 48 s 4 Power to seize s 25 amd 2006 No. 48 s 5 PART 5—INTERNAL REVIEW OF DECISIONS pt hdg amd 2009 No. 24 s 313 Who may apply for internal review etc. prov hdg amd 2009 No. 24 s 314(1) s 47 amd 2004 No. 53 s 2 sch; 2009 No. 24 s 314(2) Applying for internal review prov hdg amd 2009 No. 24 s 315(1) s 48 amd 2009 No. 24 s 315(2) Chief executive’s decision on internal review s 49 sub 2009 No. 24 s 316 Stay of operation of original decision etc. s 50 sub 2009 No. 24 s 317 PART 6—EXTERNAL REVIEWS BY QCAT pt hdg sub 2009 No. 24 s 318 Who may apply for review s 51 sub 2009 No. 24 s 318 How to start appeal s 52 om 2009 No. 24 s 318 Stay of operation of decisions s 53 om 2009 No. 24 s 318 Powers of Magistrates Court on appeal s 54 om 2009 No. 24 s 318 Effect of Magistrates Court’s decision on appeal s 55 om 2009 No. 24 s 318 Procedure of court s 56 om 2009 No. 24 s 318 Current as at 1 July 2010 Page 45

Agricultural Standards Act 1994 Endnotes Appeals s 57 amd 1999 No. 19 s 3 sch om 2009 No. 24 s 318 Attempts to commit offences s 59 amd 2004 No. 53 s 2 sch Evidence s 61 amd 2004 No. 53 s 2 sch Evidence of certain matters—notice of challenge required s 62 amd 2004 No. 53 s 2 sch Regulation-making power s 67 prov hdg sub 2002 No. 36 s 45 sch 2 Definitions s 68 om 1999 No. 19 s 3 sch Existing permissions s 69 exp 15 September 1995 (see s 69(5)) Inspectors s 70 exp 15 September 1995 (see s 70(2)) Existing orders etc. s 71 exp 15 May 1995 (see s 71(2)) Expired regulations and rules s 72 prev s 72 exp 15 September 1995 (see s 72(4)) new s 72 ins 1995 No. 50 s 3 sch exp 15 March 1996 (see s 72(5)) Transitional regulations s 73 exp 15 September 1995 (see s 73(4)) Review of Act s 74 amd 2000 No. 45 s 143 PART 9—TRANSITIONAL PROVISION FOR LEGISLATION REPEAL ACT 2009 pt hdg prev pt 9 hdg om 1999 No. 19 s 3 sch pres pt 9 hdg ins 2009 No. 50 s 18 sch TRADE MEASUREMENT Amendment of regulation by Trade Measurement Legislation Repeal Act 2009 does not affect powers of Governor in Council s 75 prev s 75 om R1 (see RA s 40) pres s 75 ins 2009 No. 50 s 18 sch PART 10—REPEALS pt hdg om R1 (see RA s 40) SCHEDULE—DICTIONARY ins 2002 No. 36 s 45 sch 2 Note—definitions for this Act were originally located in s 4. Page 46 Current as at 1 July 2010

Agricultural Standards Act 1994 Endnotes def “agricultural requirement” sub 1995 No. 50 s 3 sch reloc 2002 No. 36 s 4(4) def “agriculture” ins 1998 No. 50 s 3 reloc 2002 No. 36 s 4(4) def “analyst” sub 1996 No. 13 s 6 reloc 2002 No. 36 s 4(4) def “approved form” reloc 2002 No. 36 s 4(4) def “arrangement” reloc 2002 No. 36 s 4(4) def “condition” reloc 2002 No. 36 s 4(4) def “conviction” reloc 2002 No. 36 s 4(4) def “entering” reloc 2002 No. 36 s 4(4) def “exotic disease” ins 2002 No. 36 s 4(2) reloc 2002 No. 36 s 4(4) def “external review” ins 2009 No. 24 s 319 def “fee” reloc 2002 No. 36 s 4(4) def “hormonal growth promotant” reloc 2002 No. 36 s 4(4) def “in” reloc 2002 No. 36 s 4(4) def “information notice” ins 2009 No. 24 s 319 def “inspector” reloc 2002 No. 36 s 4(4) def “obstruct” reloc 2002 No. 36 s 4(4) def “occupier” reloc 2002 No. 36 s 4(4) def “owner” reloc 2002 No. 36 s 4(4) def “person in control” reloc 2002 No. 36 s 4(4) def “place” reloc 2002 No. 36 s 4(4) def “possess” reloc 2002 No. 36 s 4(4) def “public place” reloc 2002 No. 36 s 4(4) def “sell” reloc 2002 No. 36 s 4(4) def “stock” ins 1998 No. 50 s 3 amd 2002 No. 36 s 4(3) reloc 2002 No. 36 s 4(4) def “trade or commerce” reloc 2002 No. 36 s 4(4) def “vehicle” reloc 2002 No. 36 s 4(4) © State of Queensland 2013 Authorised by the Parliamentary Counsel Current as at 1 July 2010 Page 47