Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts37. (1) On application in accordance with section 36, the Registrar, if satisfied that in the circumstances it is reasonable to do so, shall grant an emergency permit to the applicant in relation to a pesticide specified in the application for a period not exceeding 14 days.
(2) The circumstances referred to in subsection (1) include the following:
(a) the extent to which the emergency specified in the application would be relieved by the use of any pesticide specified in the application;
(b) whether any other means are available to relieve the specified emergency instead of the use of any pesticide specified in the application, and the effectiveness of such means;
(c) any—
(i) risk to public health; and
(ii) risk of damage to the environment or to property;
resulting from dealings with any pesticide specified in the application for the purpose of relieving the specified emergency, compared with any such risk if that pesticide were not to be used to relieve the emergency;
(d) the need to ensure the minimisation of any such risk resulting from dealings with any pesticide specified in the application.
(3) An emergency permit shall specify—
(a) the distinguishing name of each unregistered pesticide in relation to which the permit is granted;
(b) the particulars referred to in subparagraphs 36 (2) (b) (i), (iii) and (iv) in relation to the application for the permit;
(c) the conditions (if any) to which the permit is subject;
(d) the period for which the permit is granted; and
(e) such other particulars (if any) as are prescribed.
(4) Upon granting an emergency permit, the Registrar shall enter in the register in relation to each distinguishing name of each pesticide in respect of which the permit is granted, the particulars specified in subsection (3), together with such advisory information about dealing safely with the pesticide as the Registrar considers desirable.
(5) Notwithstanding subsection (4), a pesticide in relation to which an emergency permit is granted shall not, for the purposes of this Act, be taken to be registered by virtue of the grant of that permit.