Commonwealth Consolidated Regulations

AGRICULTURAL AND VETERINARY CHEMICALS CODE REGULATIONS 1995 - REG 46

  (1)   A person must not supply a chemical product unless:

  (a)   the container for the product has attached to it a label containing a batch number, in a form approved by the APVMA, that enables the APVMA to identify the batch of that chemical product from which the contents of the container were taken; or

  (b)   the person makes a record, in respect of the supply, in accordance with subregulation   (2).

Penalty:   10 penalty units.

  (2)   For the purposes of paragraph   (1)(b), a person who supplies a chemical product must make, as soon as practicable, a record:

  (a)   in a form approved by the APVMA; and

  (b)   in such a way as to ensure that the record is readily accessible for the purposes of Parts   9 and 9A of the Code (which deal with investigative powers and enforcement); and

  (c)   including the following particulars:

  (i)   the name and address of the person who supplied the product;

  (ii)   the name and address of the person to whom the product was supplied;

  (iii)   the date of supply;

  (iv)   the quantity of the product supplied or, if the product is supplied as part of a mixture of chemical products, the quantity of the mixture of products supplied;

  (v)   the identification number of the container in which the product was transported or stored for the purpose of supply or, if the container is a bulk tank, the location of the container;

  (vi)   the distinguishing name of the product supplied or, if the product is supplied as part of a mixture of chemical products, the distinguishing name of each of those products;

  (vii)   if the batch number of the product supplied or, if the product is supplied as part of a mixture of chemical products, the batch number of each of those products supplied, is known to the person who supplied the product--that batch number, or as the case requires, those batch numbers;

  (viii)   if the product is supplied in a refillable container--the date on which the product was placed in the container.

  (3)   A person who makes a record under subregulation   (2) must keep the record for 3 years after it is made.

Penalty:   10 penalty units.

  (4)   It is a defence to a prosecution under subregulation   (1) or (3) if the defendant has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter mentioned in this subregulation--see section   13.3 of the Criminal Code .

  (5)   An offence under subregulation   (1) or (3) is an offence of strict liability.

Note:   For strict liability, see section   6.1 of the Criminal Code.