Northern Territory Consolidated Acts
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AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) ACT 2004
TABLE OF PROVISIONS
Long Title
PART 1--PRELIMINARY
1. Short title
2. Commencement
3. Purposes
4. Interpretation
5. Agricultural chemical products
6. Veterinary chemical products
7. Fertilisers
8. Stockfood
9. Major food-producing species
10. Aquatic life
11. Act binds Crown
12. Waste Management and Pollution Control Act 1998 not affected
PART 2--GENERAL DUTIES
13. Duty to ensure harm does not result from use of chemical products, fertilisers or stockfoods
14. Duty to ensure fertilisers and stockfoods manufactured in Territory or imported from elsewhere are safe
PART 3--CHEMICAL PRODUCTS
Division 1--Preliminary
15. When will the use of a chemical product be prohibited by or contrary to the instructions on a label?
16. Use by veterinarian includes use by veterinarian's employees
Division 2--Containers and labels
17. Registered chemical products to be kept in suitable containers labelled with approved labels
18. Requirement to read label or permit
19. Record of use required by label or permit
20. Reuse of containers
21. Disposal of containers
Division 3--Agricultural chemical products
22. Use of registered agricultural chemical products
23. Observance of withholding period before harvest
24. Sale of agricultural produce business before withholding period expires
Division 4--Veterinary chemical products
Subdivision 1--Use, prescription, recommendation and supply
25. Use of registered veterinary chemical products by non-veterinarian generally
26. Use of registered veterinary chemical products by non-veterinarian to treat food-producing species if use prohibited by label
27. Use, prescription, recommendation or supply of registered veterinary chemical products by veterinarian contrary to label
28. Use, prescription, recommendation or supply of registered veterinary chemical products by veterinarian to treat food-producing species if use prohibited by label restraint
29. Use, prescription, recommendation or supply of unregistered veterinary chemical products by veterinarian
30. Use, prescription, recommendation or supply of human pharmaceuticals by veterinarian
31. Use, prescription, recommendation or supply of agricultural chemical products by veterinarian
32. Application of and prescribed information for sections 33 and 34
33. Veterinarian must provide information about veterinary chemical products
34. Pharmacist must provide information about veterinary chemical products
35. Veterinarian etc. must provide information about withholding periods
36. Stockfood seller must provide certain information
Subdivision 2--Treated animals
37. Observing withholding period before slaughter etc.
38. Sale or purchase of animal before withholding period expires
39. Identifying treated food-producing animals if carer does not own animals
40. Veterinarian liable for residues above maximum
Subdivision 3--Record keeping
41. Veterinarian must keep records about using, prescribing, recommending and supplying veterinary products
Division 5--Injectable anabolic steroids
42. Use of injectable anabolic steroids by persons who are not veterinarians
43. Prescription or supply of injectable anabolic steroids by veterinarians
44. Veterinarian to keep anabolic steroids locked away
45. Veterinarian to dispose of injectable anabolic steroids properly
46. Veterinarian to report loss of injectable anabolic steroids
47. Veterinarian to keep records relating to injectable anabolic steroids
Division 6--Miscellaneous
48. Possession or use of restricted chemical products
49. Possession or use of S7 chemical products
50. Possession or use of unregistered chemical products
51. Claims about registered chemical products
52. Claims about unregistered chemical products
PART 4--GENERAL PROTECTIVE MEASURES
53. Prohibition and regulation of manufacture, possession, sale or use
54. Direction to recall product
55. Direction to deal with prohibited or contaminated chemical product, fertiliser, stockfood or agricultural produce
PART 5--SPRAYING OF AGRICULTURAL CHEMICAL PRODUCTS
Division 1--Offences relating to spraying operations
56. Damage by spray drift
57. Ground spraying businesses must be licensed
58. Ground spray applicators must be licensed
59. Aerial spraying businesses must be licensed
60. Pilots carrying out aerial spraying must be licensed
61. Spraying operations under other legislation are exempt
Division 2--Licences
62. Definition
63. Grant or refusal of licence
64. Term of licence
65. Renewal of licence
66. Variation of conditions of licence
67. Fee to be returned if application refused
68. Surrender of licence
69. Cancellation or suspension of licence
70. Medical examination may be required
70A. Licence not transferable
Division 3--Miscellaneous
71. False claims about being licensed
72. Record of spraying activities to be kept
73. Defective machine, equipment or aircraft not to be used for spraying
PART 6--CHEMICAL CONTROL AREAS
74. Declaration of chemical control area
75. Publication of proposal
76. Contravention of declaration
77. Notation of declaration under Land Title Act 2000
PART 7--AGRICULTURAL PURSUITS ON CONTAMINATED LAND
78. Identifying contaminated agricultural produce
79. Direction in relation to agricultural pursuits on contaminated land
80. Preparation and approval of remedial plan
81. Amendment and revocation of remedial plan
82. Notation of remedial plan on land titles register
PART 8--AGRICULTURAL EMERGENCIES
83. Declaration of emergency
84. Authorisation of counter-measures
PART 9--ADMINISTRATION
Division 1--Chemicals Coordinator and chemical advisers
85. Appointment of Chemicals Coordinator
86. Functions and powers of Chemicals Coordinator
87. Directions by Chemicals Coordinator
88. Approved forms
89. Delegation
90. Appointment of chemical advisers
91. Assistants
92. Identity cards
Division 2--Powers of chemical advisers
93. Interpretation
94. Entry of premises
95. Inspection of premises
96. Seizure of substances and things
97. Retention of substances and things seized
98. Powers in relation to food-producing species
99. Investigation of complaints
100. Power to require name and address
101. Obstruction etc. of chemical advisers
102. False or misleading statements
Division 3--Advisory Committees
103. Establishment
104. Membership
105. Invitation to public to make submissions
106. Procedure
107. Reports to be tabled in Legislative Assembly
Division 4--Miscellaneous
108. Protection from liability
109. Evidentiary certificates
PART 10--CRIMINAL LIABILITY AND PROCEEDINGS GENERALLY
110. Conduct of directors, employees and agents
111. Criminal liability of executive officer of body corporate
112. Limitation on making complaint
113. Notice of defence to be served on prosecutor
114. Additional court orders
PART 11--REVIEW OF DECISIONS
115. Reviewable decisions and affected persons
116. Notice of reviewable decisions
117. Application for review
118. Decision on review
119. Operation and implementation of reviewable decision
PART 12--MISCELLANEOUS
120. Form of records
121. Altering or falsifying records
122. Confidentiality
123. Compensation may be payable in certain circumstances
124. Acquisition on just terms
125. No liability for damage caused by compliance with Act
126. Determined fees
127. Eligible laws
128. Codes of practice for use of chemical products
129. Regulations
PART 13--TRANSITIONAL PROVISIONS
130. Definitions
131. S7 authorizations
132. Pest control operator's licences
PART 14--TRANSITIONAL MATTERS FOR STATUTE LAW AMENDMENT (DIRECTORS' LIABILITY) ACT 2015
133. Offences – before and after commencement
SCHEDULE
ENDNOTES
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