Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
TABLE OF PROVISIONS
Table of Amendments
Long Title
PART I--PRELIMINARY
1. This Act may be cited as the Pesticides Act 1989.1
2. 2.1 (1) This section and
3. (1) In this Act, unless the contrary intention appears—“address” means—
4. (1) For the purposes of this Act, where, in relation to a pesticide, there is an inconsistency between instructions in 2 instruments, the instruction in the earlier instrument is, to the extent of the inconsistency, of no effect.
5. (1) A person shall not be taken to have a reasonable excuse for an act that is due to—
6. 6.
PART II--REGISTRATION
7. (1) There shall be a Registrar of Pesticides.
7A. 7A. (1) The Chief Executive shall issue to the Registrar an identity card that specifies the Registrar's name and office, and on which appears a recent photograph of the Registrar.
8. The Registrar may, by instrument, delegate to a person any of his or her powers under this Act.
9. (1) The Registrar shall establish and maintain a register called the Pesticides Register.
10. (1) The Registrar shall establish and maintain a book called the Labels Book.
11. (1) A person who—
12. (1) Where, on application in accordance with section 11, the Registrar is satisfied that—
13. The Registrar shall register a pesticide—
14. (1) Where the responsible person in relation to a pesticide has reasonable cause to believe that—
15. (1) Where the Registrar becomes aware that a registered pesticide is no longer registered under any State pesticides law, the Registrar shall cancel the registration of that pesticide.
16. The registration of a pesticide shall remain in force, unless sooner cancelled, until the expiration of 3 years after the date on which it was granted, and may be renewed in accordance with section 17.
17. (1) The responsible person in relation to a pesticide may, before the expiration of the term of the registration of the pesticide, apply to the Registrar for its renewal.
PART III--RESTRICTED PERMITS
18. (1) A person who proposes to use an unregistered pesticide in the course of his or her business, trade, occupation or employment may apply to the Registrar for a restricted permit in relation to that pesticide.
19. (1) On application in accordance with section 18, the Registrar, if satisfied that in the circumstances it is reasonable to do so, shall grant a restricted permit to the applicant in relation to the pesticide specified in the application for a period not exceeding 1 year.
20. (1) The conditions that may be specified in a restricted permit are such conditions as the Registrar considers reasonable for ensuring the minimisation of—
21. (1) If a change occurs in the address of the holder of a restricted permit, that person shall, within 14 days after the change, submit the permit to the Registrar together with written notice of the change.
22. (1) The holder of a restricted permit may surrender it by notifying the Registrar accordingly by writing accompanied by the permit.
23. (1) The Registrar may cancel a restricted permit if—
24. (1) The holder of a restricted permit may, before the expiration of the term of the permit, apply to the Registrar for its renewal.
25. Upon the expiration of a restricted permit by cancellation or lapse of time, the permit holder shall not, without reasonable excuse, fail to return the permit to the Registrar.
PART IV--RESEARCH PERMITS
26. In this Part, “deal with” includes manufacture.
27. (1) A person who, in the course of scientific research, proposes to deal with an unregistered pesticide may apply to the Registrar for a research permit in relation to that pesticide.
28. (1) In this section, “specified pesticide”, in relation to an application for a research permit, means a pesticide, or a pesticide of a type, specified in the application.
29. (1) The conditions that may be specified in a research permit are such conditions as the Registrar considers reasonable for ensuring the minimisation of—
30. (1) In this section, “specified pesticide”, in relation to a research permit, means a pesticide, or a pesticide of a type, specified in the permit.
31. (1) If a change occurs in the address of the holder of a research permit, that person shall, within 14 days after the change, submit the permit to the Registrar together with written notice of the change.
32. (1) The holder of a research permit may surrender it by notifying the Registrar accordingly by writing accompanied by the permit.
33. (1) The Registrar may cancel a research permit if—
34. (1) The holder of a research permit may, before the expiration of the term of the permit, apply to the Registrar for its renewal.
35. Upon the expiration of a research permit by cancellation or lapse of time, the permit holder shall not, without reasonable excuse, fail to return the permit to the Registrar.
PART V--EMERGENCY PERMITS
36. (1) A person who proposes to use an unregistered pesticide to relieve an emergency may apply to the Registrar for an emergency permit in relation to that pesticide.
37. (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.
38. The conditions that may be specified in an emergency permit are such conditions as the Registrar considers reasonable for ensuring the minimisation of—
39. (1) The Registrar may cancel an emergency permit if satisfied on reasonable grounds that—
40. (1) The holder of an emergency permit may, before the expiration of the term of the permit, apply to the Registrar for its renewal.
41. Upon the expiration of an emergency permit, whether by cancellation or lapse of time, the permit holder shall not, without reasonable excuse, fail to return the permit to the Registrar within 14 days of that expiration.
PART VI--REGISTRAR'S DIRECTIONS AND PUBLIC NOTICES
42. In this Part—“directions” means directions issued under section 44; “notice” means a notice published under section 45.
43. The circumstances referred to in this Part include the following:
44. Where the Registrar—
45. Where the Registrar considers it reasonable in the circumstances, he or she shall cause a notice about dealing with a pesticide to be published in the Gazette and in a daily newspaper published and circulating in the Territory.
46. (1) The Registrar shall not issue an instruction in directions or a notice requiring a pesticide to be disposed of.
47. (1) Directions, or a notice, shall—
PART VII--OFFENCES
48. In this Part—“directions” means directions for dealing with a quantity of a pesticide, being directions given to a person—
49. A person shall not, without reasonable excuse, manufacture an unregistered pesticide, except in accordance with a research permit.
50. (1) A person shall not, without reasonable excuse, supply an unregistered pesticide except in accordance with subsection (2).
51. (1) A person shall not, without reasonable excuse, use, store or dispose of an unregistered pesticide except in accordance with subsection (2) or (3).
52. (1) Where directions have been given to a person in relation to a pesticide, that person shall not, without reasonable excuse, deal with that pesticide except in accordance with the directions.
53. (1) A person shall not, without reasonable excuse, deal with a registered pesticide except in accordance with subsection (2).
54. (1) Where there is an instruction referred to in subparagraph 53 (2) (a) (ii) that a pesticide should not be used after a specified date, a person shall not, without reasonable excuse, deal with that pesticide after that date, except—
55. A person shall not, without reasonable excuse, possess, supply, transport or store a registered pesticide, or a pesticide the registration of which has been cancelled, otherwise than in a container of a type specified, or previously specified, as the case may be, in the register in relation to that pesticide.
56. A person shall not, without reasonable excuse, possess, supply, transport or store a registered pesticide, or a pesticide the registration of which has been cancelled, otherwise than in a container that bears a label that is identical to the label a facsimile or photograph of which—
57. (1) A person shall not, without reasonable excuse, detach, alter, obliterate or destroy a label on a container of a pesticide, except in accordance with subsection (2).
58. (1) A person shall not deal with a pesticide in a manner which is likely to cause disease or injury to another person.
59. A permit holder shall not, upon a request by an inspector, fail, without reasonable excuse, to produce the permit for inspection.
60. (1) A person shall not, in relation to any matter arising under this Act, knowingly or recklessly furnish information that is false or misleading in a material particular.
61. (1) Where, in proceedings for a defined offence, it is necessary to establish the state of mind of a person or body in relation to particular conduct, it is sufficient to show—
62. Where a body corporate is convicted of a defined offence, the penalty that the Court may impose is a fine not exceeding 5 times the maximum amount that, but for this section, the Court could impose as a pecuniary penalty for that offence.
PART VIII--ENFORCEMENT
63. (1) For the purposes of this Part, a thing is connected with a particular offence if—
64. (1) The Registrar may, by instrument, appoint persons to be inspectors for the purposes of this Act.
65. (1) The Registrar may, by instrument, appoint persons to be analysts for the purposes of this Act.
66. An inspector may enter any premises, other than residential premises, at any reasonable hour of the day or night, with such assistance and by such force as is reasonable, and may exercise any power under subsection 71 (1), if the inspector believes on reasonable grounds—
67. Where an inspector believes on reasonable grounds that it is necessary to do so for the purposes of this Act, he or she may enter any premises and exercise any power under subsection 71 (1) in respect of any thing the inspector believes on reasonable grounds to be connected with a defined offence—
68. (1) Before seeking the consent of the occupier of premises for the purposes of section 67, an inspector shall inform the occupier that he or she may refuse to give that consent.
69. An inspector who enters premises under section 66 or 67 is not authorised to remain on the premises if, on the request of the occupier of the premises, the inspector does not show his or her identity card to the occupier.
70. (1) Where an inspector suspects on reasonable grounds that there may be, or that within the next following 28 days there may be, on any premises, a thing of a particular kind connected with a particular defined offence, the inspector may—
71. (1) Subject to this Part, where an inspector enters premises in accordance with this Part, he or she may—
72. (1) Where an inspector takes a sample of a pesticide under section 71, he or she shall—
73. (1) Where an inspector enters premises in accordance with this Part, he or she may give a person who has possession, custody or control of a pesticide written directions for dealing with the pesticide where the inspector is satisfied on reasonable grounds that it is necessary to ensure the minimisation of—
74. (1) In the circumstances referred to in paragraph 71 (1) (g), at the request of the owner, or the person who has possession, custody or control of the relevant pesticide, the inspector may, instead of seizing the pesticide for the purpose of its disposal, give that person written directions requiring the person to dispose of it.
75. (1) Where a pesticide is seized under paragraph 71 (1) (g), the inspector who seizes it shall give written notice to its owner, or the person who had possession, custody or control of it immediately before the seizure, requesting that person to show cause why the pesticide should not be disposed of.
76. (1) Where a pesticide is seized under paragraph 71 (1) (h), the Registrar shall cause the pesticide to be disposed of immediately, if satisfied on reasonable grounds that it is necessary to avert—
77. 77.3 (1) In proceedings for a defined offence, a
78. (1) The Registrar may authorise any pesticide, or any thing, seized under paragraph 71 (1) (f) to be released to its owner or to the person from whom it was seized.
79. (1) Where a court convicts a person of a defined offence, the court may order the forfeiture to the Territory of any pesticide, or thing, connected with the offence and any container in which such a pesticide is contained.
PART IX--ADMINISTRATIVE REVIEW
80. (1) Where the Registrar makes a decision—
81. Application may be made to the Administrative Appeals Tribunal for a review of a decision—
PART X--MISCELLANEOUS
83. (1) The Minister may, by notice in writing published in the Gazette, determine fees for the purposes of this Act.
84. (1) The Minister may make regulations, not inconsistent with this Act, prescribing all matters which are by this Act required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.
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