Agricultural Standards Act Amendment Act 1981 (Qld)

83 ' 1 Quallsf 11 4 ANNO TRICESIMO ELIZABETHAE SECUNDAE REGINAE - - - - - - - - - - - - No. 16 of 1981 An Act to amend the Agricultural StandardsAct 1952-1972 in certain particulars and for related purposes [ASSENTED TO 14TH APRIL, 1981 ]

84 Agricultural Standards Act Amendment Act 1981, No. 16 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 Standards Act Amendment Act 1981. (2) In this Act the Agricultural Standards Act1952-1972 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Agricultural Standards Act1952-1981. 2. Commencement of Act. (1) Section 1 (1) and this section shall come into operation on the day on which this Act is assented to for and on behalf of Her Majesty. (2) The Governor may by Proclamation- (a) appoint a date on which this Act (other than section 1 (1) and this section) shall come into operation; or (b) appoint dates on which the provisions (other than section 1 (1) and this section) of this Act specified in the Proclamation shall come into operation. Such dates may be appointed in the one Proclamation or in different Proclamations. This Act (other than section 1 (1) and this section) or a provision thereof specified in the Proclamation shall come into operation on the date appointed by Proclamation made under this subsectien for the coming into operation of this Act or as the case may be, that provision. 3. Amendment of long title . The Principal Act is amended in the long title by omitting the words " Lime, Pest Destroyers, Veterinary and substituting the words " Limes, Pest Destroyers, Stock ". 4. Amendment of s. 4. Section 4 of the Principal Act is amended by- (a) omitting the words " PART IV-INVESTIGATIONS WITH RESPECT TO THE EFFICACY OF AGRICULTURAL REQUIREMENTS (ss. 34-38); "; (b) omitting the expression " (ss. 39-42) " and substituting the expression " (ss. 39-42A) ". 5. Amendment of s. 7. Section 7 of the Principal Act is amended by- (a) in subsection (1)- (i) in the definition "Agricultural requirement " omitting the word " veterinary " and substituting the word " stock "; (ii) in the definition " Certified seed " omitting the words " certified mother seed " and substituting the words " seed used in the production of certified seed ";

Agricultural Standards Act Amendment Act 1981, No. 16 85 (iii) after the definition " Hay " inserting the following definition:- " " Herbicide "-Any material used or intended for destroying or preventing the spread of any plants: The term includes any material prescribed to be a herbicide for the purposes of this Act;"; (iv) in the definition " Insecticide " inserting after the word "Act" the words ": The term does not include a nematicide "; (v) after the definition " Lure " inserting the following definition:- " " Manufactured stock food "-Any kind of meal or food for any stock, prepared, whether in whole or in part, from one or more than one kind of grain or oils or nuts or juices or meats or other materials of a like nature, and any condimental, patented or proprietary food for stock possessing or claimed to possess nutritive properties or nutritive as well as medicinal properties and any material of animal or vegetable origin produced in any process of treatment or manufacture not being the primary object of such process and any salt or any mineral feed or supplement for stock and any material used or intended as a lick for stock or stock lick;"; _ (vi) in the definition " Minister " inserting after the word " Act " the words ", and includes any Minister of the Crown temporarily performing the duties of that Minister "; (vii) after the definition " Name " inserting the following definition:- Nematicide "-Any material used or intended for destroying or preventing the attacks on plants by nematodes: The term includes any material prescribed to be a nematicide for the purposes of this Act;"; - (viii) in the definition " Officer " omitting the words " or the assistant standards officer, or any " and substituting the words " the deputy standards officer or any assistant standards officer,"; (ix) omitting the definition " Packeted seeds ", the definition " Part " and the definition " Person "; (x) in the definition " Pest destroyer "- (A) after the word " insecticide " inserting the words ", nematicide (B) omitting the word " weedicide " and substituting the word " herbicide "; (xi) omitting the definition " Prepared stock food ", the definition " Prescribed " and the definition " Primary dealer "; (xii) after the definition " Purity " inserting the following definition:- "Registered "-in relation to any agricultural requirement, includes provisionally registered;"; (xiii) in the definition " Registered composition ", omitting all words from and including the words ", or where " to the end thereof; (xiv) omitting the definition " Standards officer " and substituting the following definition:- " " Standards officer "-The standards officer or deputy standards officer appointed under this Act: The term includes any assistant standards officer in respect of the powers, functions,

86 Agricultural Standards Act Amendment Act 1981, No. 16 authorities and duties delegated to him by the standards officer under section 8A;"; (xv) in the definition " Stock " inserting after the word " cattle " the words " , camel, buffalo, deer "; (xvi) in the definition " Stock food " omitting the word " prepared " and substituting the word " manufactured "; (xvii) after the definition " Stock food " inserting the following definition :- "" Stock medicine "-Any material, including any mixture, or compound of one or more drugs or ingredients in any form, or any biological product, including both living and dead organisms and sera, used or intended for administering or application to any stock by any means for the purpose of- (i) Curing, alleviating or treating any injury to stock; (ii) Preventing, curing, alleviating or treating any disease or ailment in stock; (iii) Destroying any internal parasite or internal pest affecting stock ; (iv) Diagnosis in relation to stock; or (v) Improving the health of or increasing the capacity of stock for work, production, reproduction of progeny or show purposes; and any material prescribed to be a stock medicine for the purposes of this Act: The term includes- (a) Aphrodisiacs and anaphrodisiacs; and (b) Dehorning preparations: The term does not include- (i) Any pest destroyer or stock food or testing reagent; (ii) Any stock medicine actually prescribed by a veterinary surgeon registered under the VeterinarySurgeonsAct1936-1973 in the course of the practice of his profession as such; (iii) Any stock medicine supplied by a veterinary surgeon registered under the Veterinary Surgeons Act1936-1973 for any stock for the time being under his professional care or charge; and (iv) Any stock medicine actually compounded by a pharmacist registered under the Pharmacy Act1976-1978 for the purposes of its application to any particular stock under the control of a particular person: Provided that any stock medicine regularly sold or compounded for general sale in the State shall be a stock medicine under and for the purposes of this Act;"; (xviii) in the definition " Vermin destroyer " inserting after the word " rabbits " the words " , hares, feral pigs "; (xix) omitting the definition " Veterinary medicine ";

Agricultural Standards Act Amendment Act 1981, No. 16 87 (xx) omitting the definition " Weedicide " and substituting the following definition:- Wholesale dealer "-In relation to any agricultural requirement, any person who, whether as manufacturer, importer, distributor, seller, agent, or otherwise, is or will be primarily responsible for placing or causing to be placed that agricultural requirement on the market in Queensland."; (b) in subsection (5)- (i) omitting the word " lime ", the word " veterinary ", the word " weedicides " and the word " prepared " and substituting the word limes ", the word " stock ", the word " herbicides " and the word " manufactured " respectively; (ii) after the word " insecticides " inserting the words " , nematicides ". '6. Amendment of s. 8 . (1) Section 8 of the Principal Act is amended by- (a) in subsection (l)- (i) omitting the words " and an assistant standards officer, and such " and substituting the words " , a deputy standards officer and such assistant standards officers,"; (ii) in the second proviso, omitting the words " Agricultural Chemist in the Department " and substituting the words " Director, Agricultural Chemistry Branch, Department of Primary Industries "; (b) in subsection (2), omitting the words " and, with the prior approval of the Secretary for Public Instruction, officers of the Department of Public Instruction, " and the words " or, as the case may be, Department of Public Instruction ". (2) Each person who, immediately prior to the commencement of this section, is- (a) the assistant standards officer; (b) the acting assistant standards officer, shall be without further appointment respectively- (c) the deputy standards officer; and (d) an assistant standards officer, for the purposes of the Agricultural Standards Act1952-1981 in all respects as if appointed pursuant to section 8 of that Act. 7. New ss. 8A and 8B. The Principal Act is amended by inserting after section 8 as amended the following sections:- " 8A. Delegation by standards officer . (1) The standards officer may, either generally or otherwise as provided by the instrument of delegation, by instrument in writing under his hand, delegate to one or more than one assistant standards officer all or any of his powers, functions, authorities and duties under this Act except this power of delegation. (2) A power, authority, function or duty so delegated, if exercised or performed by the delegate, shall be exercised or performed in accordance with the instrument of delegation.

88 Agricultural Standards Act Amendment Act 1981, No. 16 (3) A delegation may be made subject to such terms or limitations as the standards officer thinks fit including a requirement that the delegate shall report to him upon the exercise or performance of the delegated power, authority, function or duty. (4) The standards officer may make such and so many delegations of the same power, authority, function or duty and to such number of assistant standards officers as he considers necessary or desirable. (5) A delegation is in like manner revocable at the will of the standards officer and does not prevent the exercise of a power or authority or the performance of a function or duty by him. 8B. Functions of deputy standards officer. The deputy standards officer shall have all the powers, functions, authorities and duties under this Act of the standards officer other than the power of delegation conferred by the provisions of section SA.". 8. Amendment of s. 9 . (1) Section 9 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the word " veterinary " and substituting the word " stock "; (ii) omitting the words " or further registered ": (b) in subsection (2)- (i) (iomitting provision (i) and substituting the following provision:- ^i) Director, Agricultural Chemistry Branch, Department of Primary Industries who shall be, ex officio, chairman;"; (ii) omitting from provision (ii) the word " assistant " and substituting the word " deputy "; (iii) omitting provision (vi) and substituting the following provision:- " (vi) A scientist with expert knowledge of weed control;"; (c) in subsection (3), inserting at the end thereof the following paragraph:- " Any member of the Board, other than an ex officio member. may be removed from office at any time by the Governor in Council by notification published in the Gazette."; (d) in subsection (4), inserting after the words " resignation," the word " removal ". (2) It is hereby declared that on and from 15 August 1974 the person who occupied the position of Director, Agricultural Chemistry Branch. Department of Primary Industries was lawfully, ex officio, a member of The Agricultural Requirements Board and chairman thereof and the due constitution of the Board is not prejudiced in any way by his acting in that capacity. (3) The person who immediately prior to the commencement of this section is a member of The Agricultural Requirements Board as a botanist under section 9 (2) (vi) of the Principal Act shall upon that

Agricultural Standards Act Amendment Act 1981, No. 16 89 commencement continue as and be deemed to be a member of the Board as a scientist with expert knowledge of weed control for the remainder of his term. 9. Amendment of s. 12. Section 12 of the Principal Act is amended in the second paragraph by inserting after the words " Certification Sub-committee "" the words ", shall have such functions, powers. authorities and duties as are conferred or imposed upon it by or under this Act ". 10. Amendment of s. 14. Section 14 of the Principal Act is amended in subsection (1) by- (a) omitting the words " lime, pest destroyers, veterinary medicines. prepared " and substituting the words " limes. pest destroyers, stock medicines, manufactured "; (b) in the proviso, omitting all words from and .including the word " only " to and including the word " prepares " and substituting the words " to a person who uses that agricultural requirement in the process of manufacturing, mixing or preparing ". 11. Amendment of s. 15. Section 15 of the Principal Act is amended by- (a) in the first paragraph, omitting the words " at any time after the thirty-first day of January next following the commencement of this Act " and the word " then "; (b) after the first paragraph as amended, inserting the following paragraph:- " A person shall not sell an agricultural requirement that_is provisionally registered under this Part unless- (a) he is or acts on behalf of the wholesale dealer in whose name that requirement is provisionally registered; and (b) if a condition of such registration is that such agricultural requirement shall be sold only to certain specified persons, the sale is to or to the agent of any of such persons."; (c) in the final paragraph thereof- (i) omitting the word " primary " and substituting the word wholesale "; (ii) omitting the words " ten pounds " and the words " twenty pounds " and substituting the expression " Sl00 " and the expression $200 " respectively; (iii) omitting the words " one hundred pounds " where twice occurring and substituting the expression " S1 000 " in each case. 12. Repeal of ss . 16, 17 and 18 and new ss. 16, 16A, 17 and 18. (1) The Principal Act is amended by omitting sections 16, 17 and 18 and substituting the following sections:- 16. Registration of agricultural requirement . (1) Subject to this Part, an agricultural requirement to which this Part applies may be registered in the name of a wholesale dealer, 4-8098

90 Agricultural Standards Act Amendment Act 1981, No. 16 An agricultural requirement may be so registered notwithstanding that that agricultural requirement is registered in the name of another wholesale dealer or the names of other wholesale dealers. (2) Subject to this Part, registration of an agricultural requirement under this section may be renewed from time to time by application made at least one calendar month bafore the date of expiry of that registration. 16A. Provisional registration of agricultural requirement . (1) Subject to this Part, an agricultural requirement to which this Part applies may be provis onally registered in the name of a wholesale dealer. (2) The provisions of section 16 (2) do not apply to an agricultural requirement provisionally registered under this section. 17. Application for registration . (I) An application for registration under section 16 (1) or section 16A- (a) shall be made to the standards officer; (b) shall be in or to the effect of the prescribed form : (c) shall contain such particulars as are prescribed; (d) shall be accompanied by such matters or things (including specimens of labels) as may be prescribed; and (e) shall be accompanied by the prescribed fee, if any, and shall be taken to have been duly made when this subsection has been complied with. (2) An application for renewal of registration under subsection (2) of section 16- (a) shall be made to the standards officer; (b) shall be in or to the effect of the prescribed form; (c) shall be accompanied by such matters or things as may be prescribed, if any; and (d) shall be accompanied by the prescribed registration fee, if any. (3) A person shall not, in connexion with an application under this section, make a statement or furnish information that is false or misleading in any material particular. Penalty: $500. 18. Board to recommend as to registration of certain agricultural requirements . (1) The standards officer shall refer to the Board the documents comprising each application for registration or provisional registration under this Part of- (a) a growth regulating material; (b) a pest destroyer; (c) a stock medicine; (d) a stock food in relation to which a claim as to efficacy is or is intended to be made;

Agricultural Standards Act Amendment Act 1981, No. 16 91 (e) a testing reagent; (f) a marking preparation; or (g) any other agricultural requirement to which the provisions of this section are prescribed to apply, together with such other documents, matters and things as the Board may from time to time require for the purposes of this section. (2) (a) The Board shall recommend to the standards officer whether or not the agricultural requirement the subject of the application referred to it under subsection (1) should be registered. (b) A recommendation that an agricultural requirement be registered may be unconditional or conditional upon- (i) the compliance by the applicant for registration of such conditions; or (ii) the variation of the relevant application for registration or any document, matter or thing in such manner, as the Board considers appropriate. (c) The Board shall not recommend the registration of an agricultural requirement referred to in subsection (1) where it is of the opinion that the requirement is not efficacious as claimed or intended to be claimed but may, pursuant to paragraph (b), make a recommendation subject to such conditions that upon compliance therewith the agricultural requirement would be efficacious. (3) In making its recommendation upon an application referred to it pursuant to subsection (1), the Board may consider any opinion or recommendation as to any matter by any authority considered by the Board to be competent to form that opinion or make that recommendation. (4) An agricultural requirement to which subsection (1) applies shall not be registered by the standards officer unless- (a) the Board has unconditionally recommended such registration; or (b) where the Board has recommended such registration subject to conditions, those conditions have first been complied with to the satisfaction of the standards officer. (5) The registration of an agricultural requirement to which subsection (1) applies shall be made in respect only of its sale for such purpose or purposes as the Board in its recommendation approves. (6) Where the Board recommends that an agricultural requirement be not registered, the standards officer shall notify the applicant accordingly and shall, at the request of the applicant, furnish him with the bases on which the recommendation was made. (7) The provisions of this section do not apply to applications to renew the registration of an agricultural requirement pursuant to section 16 (2).". (2) The registration in the name of any primary dealer of any agricultural requirement that, at the commencement of this Act is registered or further registered as an agricultural requirement under Part III of the

92 Agricultural Standards Act Amendment Act 1981, No. 16 Principal Act shall be deemed to be registration under the AgriculturalStandards Act1952-1981 in the name of a wholesale dealer for the balance of the period of that registration or further registration specified in the certificate of registration issued in respect thereof. (3) Any application by a primary dealer for registration or further registration of an agricultural requirement under Part III of the Principal Act made prior to but not determined at the commencement of this Act shall be deemed to be an application by a wholesale dealer for registration of an agricultural requirement under section 17 of the AgriculturalStandards Act1952-1981 and shall be dealt with accordingly. 13. Amendment of s. 19 . Section 19 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- " (1) Subject to this Act, the standards officer, upon being satisfied that- (a) the provisions of this Act relating to the application, the applicant wholesale dealer and the subject agricultural requirement have been complied with; and (b) where section 18 applies, the Board has recommended the registration of the agricultural requirement and all conditions have been complied with, shall- (c) where a registration fee has been prescribed, notify the applicant that, upon payment of that fee, the agricultural requirement, the subject of the application, shall be registered or, as the case may be, provisionally registered under this Part: (d) where no registration fee is prescribed or upon payment of the prescribed registration fee referred to in paragraph (c), register or, as the case may be, provisionally register the agricultural requirement under this Part. Upon such registration, the standards officer shall notify the applicant wholesale dealer."; (b) in subsection (2), omitting the word " further " and substituting the word " provisionally "; (c) in subsection (3)- (i) omitting the word " further " where twice appearing and substituting the word " provisional " in each case; (ii) inserting at the end thereof the following paragraph:- In addition to the prescribed conditions, provisional registration of an agricultural requirement shall be subject to such other conditions (which may include conditions that the agricultural requirement be sold only to a specified person or specified persons or in specified quantities) as the Board or the standards officer considers appropriate."; (d) in subsection (4), omitting the word " further " and substituting the word " provisional ".

Agricultural Standards Act Amendment Act 1981, No. 16 93 14. Repeal of and new s. 20. The Principal Act is amended by omitting section 20 and substituting the following section:- " 20. Registered name . (1) Subject to subsection (2), an agricultural requirement which bears the same name as an agricultural requirement already registered under this Part shall not be registered under this Part under that name. (2) (a) Subsection (1) shall not apply- (i) where an agricultural requirement the subject of an application for registration under this Part and an agricultural requirement already registered under this Part are manufactured, mixed or prepared by the same person; (ii) where an agricultural requirement the subject of an application for registration under this Part is, prior to the lodgment of the application, in common use under the same name as an agricultural requirement already registered under this Part: or (iii) in any other prescribed case. (b) If the standards officer considers it is desirable so to do, the registered name of an agricultural requirement the subject of an application for registration under this Part shall be distinguished by the addition to the name of a letter or number, a letter and number or in such other manner as he may determine. (3) If, in the opinion of the standards officer, the name of an agricultural requirement the subject of an application for registration under this Part is, for any reason, inappropriate or misleading or. in the public interest, should not be used in relation to that requirement. he may refuse to register that requirement.". 15. New s. 20A. The Principal Act is amended by inserting after section 20 the following section:- " 20A. Board may request further information etc. Where, upon the recommendation of the Board made pursuant to section 18, an agricultural requirement has been registered or provisionally registered, the Board at any time may request from the standards officer such information. matters or things relating to that agricultural requirement as it specifies.". 16. Amendment of s. 21 . Section 21 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words " further registration " where they twice appear and substituting the words " provisional registration " in each case; (ii) omitting the word " primary " where it twice appears and substituting the word " wholesale " in each case; (iii) omitting the words " further register " and substituting the words " provisionally register ";

94 Agricultural Standards Act Amendment Act 1981, No. 16 (b) in subsection (2)- (i) in the first paragraph- (A) omitting the word " further " and the word " primary " and substituting the word " provisional " and the word " wholesale " respectively; (B) omitting provision (ii) and substituting the following provision:- "(ii) In cases where claims have been made with respect to the efficacy of that agricultural requirement for any purpose or purposes, experimental proof thereof,"; (ii) in the last paragraph omitting the word " primary " and substituting the word " wholesale "; (c) inserting after subsection(2)as amended the following subsection:- (3) Upon a request by the Board pursuant to section 20A. the standards officer shall, by writing under his hand, require the wholesale dealer in whose name an agricultural requirement is registered, or any other person who is able to give the information, to furnish to the standards officer within such time as the standards officer specifies in the writing all or any of the information, matters or things requested by the Board.''. 17. Repeal of and new ss. 22 and 23 . (1) The Principal Act is amended by omitting sections 22 and 23 and substituting the following sections:- 22. Period of registration of agricultural requirements. (1) An agricultural requirement registered under this Part shall be within one of the following categories:- (a) fertilizers, limes and stock foods; (b) stock medicines; (c) pest destroyers, growth regulating materials, marking preparations and testing reagents, and, in the case of any doubt, the standards officer shall determine one of the above categories within which an agricultural requirement shall be incL.ded. (2) (a) Subject to subsection (5), the registration of each agricultural requirement within the category specified in paragraph (a) of subsection (1) registered after the commencement of section 17 of the AgriculturalStandards Act Amendment Act1981 shall expire on 31 January 1983 or, if that registration is effected after 31 January 1983, on the 30 June occurring triennially after 30 June 1983 and next following the date of the issue under this Part of the notification of rereggiissttrraationn of that requirement. (b) Subject to subsection (5), the registration of each agricultural requirement within the category specified in paragraph (a) of subsection (1) renewed after the commencement of section 17 of the AgriculturalStandards Act Amendment Act1981 shall expire on 30 June 1986 or, if that renewal of registration is effected after 30 June 1986, on the 30 June occurring triennially after 30 June 1986 and next following the date of renewal of registration of that requirement.

Agricultural Standards Act Amendment Act 1981, No. 16 95 (3) (a) Subject to subsection (5), the registration of each agricultural requirement within the category specified in paragraph (b) of subsection (1) registered after the commencement of section 17 of the AgriculturalStandards Act Amendment Act1981 shall expire on 31 January 1984 or, if that registration is effected after 31 January 1984, on the 30 June occurring triennially after 30 June 1984 and next following the date of the issue under this Part of the notification of the registration of that requirement. (b) Subject to subsection (5), the registration of each agricultural requirement within the category specified in paragraph (b) of subsection (1) renewed after the commencement of section 17 of the AgriculturalStandards Act Amendment Act1981 shall expire on 30 June 1987 or, if that renewal of registration is effected after 30 June 1987, on the 30 June occurring triennially after 30 June 1987 and next following the date of renewal of registration of that requirement. (4) (a) Subject to subsection (5), the registration of each agricultural requirement within the category specified in paragraph (c) of subsection (1) registered after the commencement of section 17 of the AgriculturalStandards Act Amendment Act1981 shall expire on 31 January 1985 or, if that registration is effected after 31 January 1985, on the 30 June occurring triennially after 30 June 1985 and next following the date of the issue under this Part of the notification of registration of that requirement. (b) Subject to subsection (5), the registration of each agricultural requirement within the category specified in paragraph (c) of subsection (1) renewed after the commencement of section 17 of the AgriculturalStandards Act Amendment Act1981 shall expire on 30 June 1988 or, if that renewal of registration is effected after 30 June 1988, on the 30 June occurring triennially after 30 June 1988 and next following the date of renewal of registration of that requirement. (5) The provisional registration of an agricultural requirement under section 16A shall be for such period, not exceeding three years, as- (a) in a case where, pursuant to section 18, the Board has made a recommendation in respect thereof, the Board; or (b) in any other case, the standards officer, considers appropriate and is endorsed upon the notification of registration of that requirement. 23. Fees. (1) If- (a) an application for registration. provisional registration or alteration of registration of an agricultural requirement under this Part is refused; or (b) the registration of an agricultural requirement is cancelled, any prescribed fee that accompanied the application and, where the registration is cancelled, the prescribed registration fee, if any, shall not be refundable to the applicant: Provided that in any particular case, the Minister may, in his discretion, authorize the refunding of any such fee or part thereof and such refund shall thereupon be so made.

96 Agricultural Standards Act Amendment Act 1981, No. 16 (2) Where, at the time the standards officer notifies an applicant for registration or provisional registration of an agricultural requirement under this Part that that requirement shall be registered upon payment of a prescribed registration fee, the period of initial registration or provisional registration is less than 3 years, the registration fee payable in respect thereof shall be such amount as bears to the full fee the same proportion as the number of months (including the month during, which the notification is given) of the period of initial registration bears to 36.". (2) Notwithstanding the provisions substituted by subsection (11), the provisions of section 23 of the Principal Act shall continue to apply with respect to agricultural requirements registered at the commencement of this section until the registration of that agricultural requirement falls due for renewal pursuant to section 22 of the Agricultural StandardsAct1952-1981. 18. Amendment of s. 24 . Section 2.4 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section. omitting the word " primary " and substituting the word " wholesale (b)Vomitting from subsections (1), (2) and (3) the word " primary wherever it appears and substituting the word " wholesale " in each case; (c) inserting at the end thereof the following subsection:- (4) In the event of a wholesale dealer coming into possession of information in respect of an agricultural requirement registered in his name that- (a) contradicts or modifies any information supplied in connexion with the application for the registration of that agricultural requirement; or (_b) indicates that the use of that agricultural requirement in accordance with claims or recommendations for its use would have a detrimental effect or would not be efficacious, the wholesale dealer shall forthwith notify in writing the standards officer accordingly.". 19. Amendment of s. 25 . Section 25 of the Principal Act is amended by- (a) after the words " it is registered " inserting the words " or, after consideration of any opinion or recommendation as to any matter, other than the efficacy of that agricultural requirement, by any authority considered by the Board to be competent to form that opinion or make that recommendation, that the agricultural requirement should not be used for any purpose for which it is registered "; (b) omitting the word " primary " and substituting the word wholesale ". 20. Amendment of s. 26. Section 26 of the Principal Act is amended by omitting the word " primary " where it thrice appears and substituting the word " wholesale " in each case.

Agricultural Standards Act Amendment Act 1981, No. 16 97 21. Repeal of and new s. 27 . The Principal Act is amended by omitting section 27 and substituting the following section:- " 27. Alteration regarding registered agricultural requirement. (1) Save where the standards officer has, upon application therefor, notified his prior approval to the wholesale dealer in whose name an agricultural requirement is registered under this Part, a person shall not alter or cause to be altered, in respect of that agricultural requirement- (a) the composition thereof; (b) any claim as to efficacy thereof; or (c) any other registered particular or matter prescribed for the purposes of this section. The registration of an agricultural requirement under this Part shall not be altered as to the identity of an ingredient in the composition that provides an active constituent or as to the name of the agriculturall requirement. (2) An application by a wholesale dealer for approval under subsection (1)- (a) shall be made to the standards officer; (b) shall be in or to the effect of the prescribed form; (c) shall contain sufficient details of the proposed alteration, including a specimen copy of each label; and (d) where it is proposed to alter any claim as to the efficacy of the agricultural requirement, shall be accompanied by the prescribed fee, if any. (3) The provisions of section 18 (1) shall apply to any application referred to in subsection (2) (d) as if that application were an application for, registration of the agricultural requirement with the claim as to efficacy thereof altered as proposed in the application. (4) Subject to this Act, the standards officer upon being satisfied that the provisions of this Act have been complied with and, in cases where subsection (3) applies, the Board recommends that the application be approved, may approve the proposed alteration in respect of an agricultural requirement by notifying the applicant whereupon the registration of that agricultural requirement shall be altered accordingly. (5) If the standards officer considers it desirable to distinguish between the original agricultural requirement and that agricultural requirement as proposed to be altered, he shall not approve the application.". 22. Amendment of s. 28. Section 28 of the Principal Act is amended by- (a) in subsection (1)- (i) in paragraph (ii), omitting the word " primary " and substituting the word " wholesale ";

98 Agricultural Standards Act Amendment Act 1981, No. 16 (ii) omitting paragraph (iii) and substituting the following paragraph:- (iii) The date of registration and of each renewal of registration of the agricultural requirement;"; (iii) omitting paragraph (v); (iv) in the proviso thereto, omitting the words " and further registration "; (b) in subsection (2), in paragraph (b), omitting the words " or further registrations ". 23. Amendment of s. 29 . Section 29 of the Principal Act is amended by- (a) omitting the word " primary " wherever it appears in subsections (1), (2) and (3) and in each note appearing at the beginning of those subsections and substituting the word " wholesale " in each case; (b) in subsection (3), omitting the word " further " and substituting the words " renewal of ". 24. Repeal of and new s. 30. The Principal Act is amended by omitting section 30 and substituting the following section:- " 30. Information as to composition to be confidential . The information as to the composition of an agricultural requirement that is the subject of an application for registration, renewal of registration or alteration of registration under this Part or that is registered under this Part shall be confidential and shall not be disclosed by any officer or any officer of the Department to any other person without the authority in writing of the wholesale dealer who made that application or in whose name the agricultural requirement is registered save in pursuance of this Act or in any proceedings for the purposes of this Act.". 25. Amendment of s. 31. Section 31 of the Principal Act is amended by- (a) in subsection (1), omitting all words from and including the word " The " to and including the words " further register " and substituting the words "A wholesale dealer who has made any application under this Part in respect of an agricultural requirement or who is registered as the wholesale dealer in respect of an agricultural requirement registered under this Part and who feels aggrieved by the refusal of the standards officer to register or to alter or renew the registration of "; (b) in subsection (3) omitting the words " five hundred pounds " and substituting the expression " S1 000 ". 26. Amendment of s. 32. Section 32 of the Principal Act is amended by- (a) in subsection (1), omitting the word " primary " and the word " further " and substituting the word " wholesale " and the words alteration or renewal of " respectively;

Agricultural Standards Act Amendment Act 1981, No. 16 99 (b) in subsection (3), omitting the word " further " and substituting the words " alteration or renewal of ". 27. Amendment of s. 33. Section 33 of the Principal Act is amended by- (a) in the note appearing at the beginning thereof, omitting the word " primary " and substituting the word " wholesale "; (b) omitting the word " primary " where it twice appears and substituting the word" wholesale " in each case. 28. Repeal of Part IV. The Principal Act is amended by omitting the heading " PART IV-INVESTIGATIONS WITH RESPECT TO THE EFFICACY OF AGRICULTURAL REQUIREMENTS " appearing after section 33 and omitting sections 34 to 38, both inclusive. 29. Amendment of s. 39. Section 39 of the Principal Act is amended in subsection (1), in paragraph (i), by omitting the word " assistant " and substituting the word " deputy ". 30. Amendment of s. 40. Section 40 of the Principal Act is amended by- (a) in subsection (1)- (i) in paragraph (i), omitting the word " assistant " and substituting the word " deputy "; (ii) in paragraph (ii), omitting the word " Three " and the word " appointed " and substituting the word " Such " and the words " as are appointed " respectively; (b) omitting subsection (5) and substituting the following subsection:- (5) A provision in any enactment requiring the holder of an office to devote the whole of his time to the duties of his office or prohibiting him from engaging in employment outside the duties of his office shall not operate to hinder his holding that office and also an appointment as member of a sub-committee.". 31. Amendment of s. 41. Section 41 of the Principal Act is amended in subsection (1) by inserting at the end thereof the following paragraph:- " Any member, other than the ex officio member, of the committee or of a sub-committee may be removed from office at any time by the Governor in Council or, as the case may be, the Minister by notification published in the Gazette.". 32. Amendment of s. 42. Section 42 of the Principal Act is amended in subsection (2) by omitting the word " Committee's " and substituting the word " committee's ".

100 Agricultural Standards Act Amendment Act 1981, No. 16 33. New s. 42A. The Principal Act is amended by inserting after section 42 the following section:- " 42A. Power of delegation by committee . (1) The committee may, either generally or otherwise as provided by the instrument of delegation, by writing signed by the chairman of the committee delegate- (a) to any sub-committee; (b) to the standards officer, all or any of its powers, authorities, functions or duties under this Act except this power of delegation. (2) A power, authority, function or duty so delegated, if exercised or performed by the delegate, shall be exercised or performed in accordance with the instrument of delegation. (3) A delegation may be made subject to such terms or limitations as the committee thinks fit including a requirement that the delegate shall report to the committee upon the exercise or performance of the delegated power, authority, function or duty. (4) The committee may make such and so many delegations of the same power, authority, function or duty and to such number of delegates as it considers necessary or desirable. (5) A delegation is in like manner revocable at the will of the committee and does not prevent the exercise of a power or authority or the performance of a function or duty by the committee. (6) Rules may be made pursuant to section 42 (4) determining guidelines within which a delegate shall exercise a power or authority or perform a function or duty delegated to the delegate under this section.". 34. Repeal of and new ss. 43 and 44 . The Principal Act is amended by omitting sections 43 and 44 and substituting the following sections:- " 43. Registration of area to grow crop for production of certified seed. (1) A person shall not plant or sow or grow or harvest any crop for the purpose of producing certified seed under a certification scheme unless the area in which that crop is planted, sown, grown or, as the case may be, harvested is then registered under this Division for that purpose. (2) Every applicant for registration of an area or areas under this section shall comply with all such conditions as may be prescribed by the rules relating to the certification scheme in question, which conditions may include a term of probation for any prescribed period. (3) An application for registration of an area under this section- (a) shall be made to the standards officer through a seed certification officer; (b) shall be in or to the effect of the prescribed form, if any; (c) shall contain or be accompanied by such particulars as are prescribed; and (d) shall be accompanied by the prescribed fee, if any.

Agricultural Standards Act Amendment Act 1981, No. 16 101 Rules may be made pursuant to section 42 (4) prescribing application forms and particulars to be contained in or accompany applications for registration under this section. (4) The committee may in its absolute discretion and without assigning any reason register or refuse to register an area tinder this section. 44. Production of certified seed subject to rules . A person shall not plant, sow, grow or harvest any crop for the purpose of producing certified seed except in compliance with the rules.". 35. Amendment of s. 45. Section 45 of the Principal Act is amended in paragraph (ii) by omitting the word " disapprove " and substituting the words " refuse to approve ". 36. Repeal of s. 46 and new ss . 46, 46A and 46B. The Principal Act is amended by omitting section 46 and substituting the following sections:- " 46. Fastening and labelling of certified seed produced in Queensland. Each package containing certified seed produced in Queensland for sale shall be fastened up and labelled in the manner prescribed. 46A. Fees. Fees for all or any purpose with respect to the certification of seed and other parts of plants used or intended for propagation purposes' shall be as prescribed. Such fees may vary with the different certified seed. 46B. False information as to identification of certified - seed . A person shall not give to an inspector or a seed certification officer a statement concerning the identification of certified seed which is false in any material particular.". 37. Amendment of s. 47. Section 47 of the Principal Act is amended by- (a) in the note appearing at the beginning thereof omitting the word " Sealing " and substituting the word " Fastening ": (b) omitting the words " sealed or labelled or sealed " and substituting the words " fastened up ". 38. Amendment of s. 48. Section 48 of the Principal Act is amended by- (a) in paragraph (iii), omitting the word " sealing " and substituting the word " fastening "; (b) in paragraphs (vii) and (viii), omitting the words " seal and wherever they occur and substituting the words " seal or " in each case. 39. Amendment of s. 49 . Section 49 of the Principal Act is amended in subsection (2), in paragraph (ii), by- (a) omitting the words " and sealed ";

102 Agricultural Standards Act Amendment Act 1981, No. 16 (b) omitting the words " sealed or labelled or sealed " and substituting the words " fastened up ". 40. Amendment of s. 51. Section 51 of the Principal Act is amended by- (a) in the first paragraph, in subparagraph (v), omitting provision (c); (b) in the second paragraph- (i) omitting the words " one hundred pounds " where they thrice appear and substituting the expression " $1000 " in each case; (ii) omitting the words " ten pounds ", the word " primary " and the words " twenty pounds " and substituting the expression " $100 ", the word " wholesale " and the expression "$200 " respectively. 41. Amendment of s. 52. Section 52 of the Principal Act is amended by omitting all words from and including the words " which does not correspond " to the end thereof and substituting the words " unless that direction or recommendation corresponds in all material particulars with the direction or recommendation appearing on a label registered under this Act or approved by the Board in respect of that agricultural requirement.". 42. Repeal of and new s. 58 . The Principal Act is amended by omitting section 58 and substituting the following section:- " 58. Labelling of seeds. A person who sells seeds of a prescribed kind shall, on or before delivery thereof to the buyer, affix to or upon and, if prescribed, insert inside each packet or package containing those seeds and, if prescribed, in the manner prescribed, a label upon which shall be legibly and indelibly set forth the prescribed particulars.". 43. Amendment of s. 59 . Section 59 of the Principal Act is amended in the proviso by- (a) in provision (i), omitting the words " in bulk, not packed ready for resale, to any person " and substituting the words " to a person who uses that agricultural requirement in the process of "; (b) in provision (iii), omitting the word " Prepared " and substituting the word " Manufactured ". 44. Amendment of s. 60. Section 60 of the Principal Act is amended by- (a) omitting the words " at any time after the thirty-first day of January next following the commencement of this Act "; (b) in provision (v)- (i) omitting the word " primary " and substituting the word wholesale "; (ii) inserting after the words " or the name and " the word " business ".

Agricultural Standards Act Amendment Act 1981, No. 16 103 45. Repeal of and new s. 61 . The Principal Act is amended by omitting section 61 and substituting the following section:- 61. Registered labels . (1) Such of the specimen copies of the labels accompanying the form of application for registration or for alteration of any agricultural requirement as are accepted by the standards officer for registration or alteration shall, subject to subsection (2), be the labels registered in respect of that agricultural requirement whilst registration of that requirement remains in force. (2) Where pursuant to section 27, the standards officer approves an alteration in any respect to the registration of an agricultural requirement or to a registered label, the standards officer may cancel the registration of any registered label in respect of that agricultural requirement. (3) A person shall not sell an agricultural requirement contained in a package having affixed thereto or thereupon or inserted therein a label that does not conform in every respect with a label registered in respect of the agricultural requirement.". 46. Repeal of and new s. 63 . The Principal Act is amended by omitting section 63 and substituting the following section:- " 63. Labels of hay, chaff , etc. A person shall not sell any hay or chaff or other stock food to which the provisions of this division are declared' by Order in Council or regulations to extend and apply contained in a package which does not have affixed thereto or thereupon a label setting forth the grower's or packer's name and business address.". 47. Amendment of s. 64 . Section 64 of the Principal Act is amended by omitting subsection (I) and substituting the following subsection:- (1) Unless otherwise expressly prescribed, a provision of this Act requiring a label to be affixed to or upon a package shall be construed as requiring the label to be either affixed in a secure and durable manner to such package or to be indelibly printed or stencilled upon that package so as to be clearly legible: Provided that where the regulations so provide, in respect of any agricultural requirement specified therein and in the circumstances specified therein, a label may be affixed to or accompany the delivery of that agricultural requirement in such other manner as is set out therein.". 48. Amendment of s. 67 . Section 67 of the Principal Act is amended by- (a) in subsection (3), omitting the word primary " and substituting the word " wholesale "; (b) after subsection (3) inserting the following subsections:- (4) (a) Before an inspector enters a part of any place which part is used exclusively as a dwelling-house he shall, save where he has the permission of the occupier of that part to his entry, obtain from a justice a warrant to enter.

104 Agricultural Standards Act Amendment Act 1981, No. 16 (b) A justice who is satisfied upon the complaint of an inspector that there is reasonable cause to suspect that any agricultural requirement or any prohibited material is stored, made, manufactured, mixed or prepared for sale, or sold may issue his warrant directed to the inspector to enter the place named in the warrant for the purpose of exercising therei n the powers conferred upon an inspector under this Act. (c) A warrant shall be, for the period of one month from the date of its issue, sufficient authority for the inspector and all persons acting in aid of him- (i) to enter the place specified in the warrant; and (ii) to exercise therein the powers conferred upon an inspector by or under this Act. (d) In this subsection premises that are used as a dwelling-house do not include the curtilage of those premises. (5) For the purpose of gaining entry to a place, an inspector ma' call to his aid such persons as he thinks necessary and those persons. while acting in aid of an inspector in the lawful exercise by him of his power of entry, shall have a like power of entry.". 49. Amendment of s. 68. Section 68 of the Principal Act is amended by omitting the word " primary " where it appears in subsection (2) and in subsection (3) and substituting the word " wholesale " in each case. 50. Amendment of s. 69 . Section 69 of the Principal Act is amended by omitting the word " primary " and substituting the word " wholesale ". 51. Amendment of s. 71. Section 71 of the Principal Act is amended by omitting subsection (5A). 52. Repeal of s. 75. The Principal Act is amended by omitting section 75. 53. Amendment of s. 78. Section 78 of the Principal Act is amended by- (a) numbering the existing section as subsection (1); (b) after subsection (1) as so numbered inserting the following subsection:- " (2) Subsections (1) (ii) and (1) (iv) do not apply- (a) to an officer or employee of the Crown or of a governmental authority, in the course of his employment by the Crown or authority; or (b) to a prescribed person or a person of a prescribed class, in prescribed circumstances.". 54. Amendment of s. 79. Section 79 of the Principal Act is amended in paragraph (i) by omitting the word " veterinary " and substituting the word " stock ".

Agricultural Standards Act Amendment Act 1981, No. 16 105 55. Amendment of s. 81. Section 81 of the Principal Act is amended, in subsection (2), in paragraph (iv), by- (a) omitting all words from and including the words " to which " to and including the words " prescribed to apply " and substituting the words " an application for the registration of which is required by this Act to contain information or statements as to its constituents which are or are claimed to be active constituents and the percentage or proportion in which each such active constituent is contained therein or the amount of each such active constituent "; (b) in subparagraph (a), omitting all words from and including the word " or " to and including the words " further registration (c) in subparagraph (b), omitting the words " or, as the case may be, last application for further registration ". 56. Amendment of s. 83. Section 83 of the Principal Act is amended by- (a) in subsection (2), omitting the words " one hundred pounds " and substituting the expression " S1 000 "; (b) omitting subsection (3) and substituting the following subsection:- (3) Procedure . All offences against this Act may be prosecuted and all costs, charges, fees, expenses and other sums payable under this Act may be recovered in a summary way under the Justices Act1886-1980 upon the complaint of any officer' or any person authorized in writing by the Minister.". 57. Amendment of s. 92. Section 92 of the Principal Act is amended. in subparagraph (ii), by omitting the word " primary " and substituting the word " wholesale ". 58. Amendment of s. 94. Section 94 of the Principal Act is amended by inserting after subsection (5) the following subsections:- (6) In relation to any matter provided for in the regulations, the regulations may adopt wholly or partly and specifically or by reference any of the standard rules, codes or specifications of the bodies known as the Association of Official Analytical Chemists, the British Standards Institution, the Collaborative International Pesticides Analytical Council Limited, the Food and Agriculture Organization of the United Nations, the International Organization for Standardization, the International Seed Testing Association, the International Union of Pure and Applied Chemistry, the National Health and Medical Research Council, the Standards Association of Australia, the Technical Committee on Agricultural Chemicals, the Technical Committee on Veterinary Drugs, the World Health Organization or a like body identified in the regulations. (7) The regulations may provide for a prescribed fee to vary according to the circumstances set out in the regulations.".

106 Agricultural Standards Act Amendment Act 1981, No. 16 59. Amendment of s. 95. Section 95 of the Principal Act is amended by omitting subsections (2) to (5), both inclusive, and substituting the following subsection:- " (2) Section 28A of the Acts Interpretation Act1954-1977 (Publication of Regulations) applies in respect of Proclamations and Orders in Council made under this Act as if they were Regulations.". 60. Amendment of Second Schedule . The Principal Act is amended in the Second Schedule by- (a) in clause 2, omitting the word " primary " where it twice appears and substituting the word " wholesale " in each case; It gen(ebr)ailnlycolaruinsere7s,pinecset rotfinagnyafategrritchueltwuroarldre" qrueiqruemireemnteonftso"r athbeovweoarndys specified standard or grade "; (c) in clause 9, in provision (xxiii), omitting the words ", certified mother seed "; (d) omitting clause 12; (e) in clause 27, omitting the word " further " and substituting the words " renewal of "; (f) in clause 28, omitting the words " one hundred pounds " and the words " five pounds " and substituting the expression " S1 000 and the expression " $50 " respectively.