Agricultural and Veterinary Chemicals (Control of Use) Amendment Act 2003

Agricultural and Veterinary Chemicals (Control of Use) Amendment Act 2003

An Act to amend the Agricultural and Veterinary Chemicals (Control of Use) Act 1995

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Agricultural and Veterinary Chemicals (Control of Use) Amendment Act 2003 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Agricultural and Veterinary Chemicals (Control of Use) Act 1995 is referred to as the Principal Act.

4.    Section 18 amended (Offences involving use, &c., of chemical products)

Section 18 of the Principal Act is amended as follows:

(a) by omitting paragraph (d) from subsection (1) and substituting the following paragraph:

(d) it is a veterinary chemical product prepared by –

(i) a veterinary surgeon; or

(ii) a registered pharmaceutical chemist acting in accordance with the instructions of a veterinary surgeon –

and is handled in accordance with an advice notice or label in the prescribed form.

(b) by inserting the following subsection after subsection (1) :

(1A)  If a chemical product is registered under the Code and is used –

(a) at a lower concentration than is advised on a label referred to in subsection (1)(a) ; or

(b) at a lower rate of application than is advised on that label; or

(c) at a lower frequency than is advised on that label; or

(d) on a crop identified on that label to treat a pest or disease that is not so identified –

that use of the chemical product is taken to comply with subsection (1)(a) .

5.    Section 20 amended (Orders prohibiting or regulating handling, &c.)

Section 20 of the Principal Act is amended as follows:

(a) by inserting in subsection (1) ", use, prescribe or otherwise deal with" after "handle";

(b) by omitting paragraph (e) from subsection (2) and substituting the following paragraphs:

(e) prohibit or regulate the mixing of chemical products with any other substance; or

(f) prohibit or regulate the sale, supply or prescription of a veterinary chemical product by a veterinary surgeon; or

(g) prohibit or regulate the sale or supply of chemical products otherwise than in the normal course of sale by retail or by wholesale.

[Second reading presentation speech made in:

House of Assembly on 26 NOVEMBER 2002

Legislative Council on 25 MARCH 2003]