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1
Agricultural and Veterinary Chemicals Legislation
Amendment Bill 2002
AGRICULTURAL AND VETERINARY
CHEMICALS LEGISLATION
AMENDMENT BILL 2002
EXPLANATORY NOTES
General Outline
Short Title
The short title of the Bill is the Agricultural and Veterinary Chemicals
Legislation Amendment Bill 2002 (the `Act').
Objectives of the Legislation
The Act amends the following Acts administered by the Minister for
Primary Industries and Rural Communities:
· Agricultural Chemicals Distribution Control Act 1966 (ACDC
Act); and the
· Chemical Usage (Agricultural and Veterinary) Control Act 1988
(Chem Use Act).
The primary objective of the Act is to implement the reforms
recommended by the independent National Competition Policy (NCP)
review of Commonwealth and State agricultural and veterinary chemicals
legislation. These reforms relate to:
· ensuring uniformity of the licensing provisions for agricultural
chemical use across all States and Territories by amendments to
the ACDC Act; and the
· harmonisation of controls over the use of veterinary chemicals
across all States and Territories by amendments to the Chem Use
Act.
The Act increases penalties relating to current provisions in the Chem
Use Act to align them with similar contemporary legislation throughout
Australia. The penalties for offences in this Act now reflect the seriousness
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Agricultural and Veterinary Chemicals Legislation
Amendment Bill 2002
of the possible implications of harm to Queensland's reputation as a
producer of safe and ethical food that could arise from misuse of
agricultural and veterinary chemicals. (See attached table that contains
current and proposed penalties.)
The Act makes minor and consequential amendments to both the ACDC
Act and the Chem Use Act.
Alternatives to the Act
Three options in relation to the NCP reforms were considered:
Option 1. Progress the agreed reforms as quickly as possible to meet
NCP timeline requirements. The Queensland Government is committed to
the Competition Principles Agreement under the NCP arrangements
endorsed by members of the Council of Australian Governments in April
1995. Accordingly, this is the preferred option.
Option 2. Progress the reforms in due course. The Department of
Primary Industries is conducting a review of all agricultural and veterinary
chemicals control of use legislation within its portfolio. This review is
expected to result in integration of all control of use issues into a single
piece of legislation. The process is expected to be completed with 12 to 18
months. This option has been rejected, as it is inconsistent with timeframes
for the implementation of NCP reforms.
Option 3. Make no changes to the legislation. The failure to implement
the recommended reforms would result in a lack of harmony between
Queensland's control of use legislation and similar legislation in other
States and Territories. This would be a clear contravention of NCP
recommendations for uniformity between jurisdictions. In addition, the
Queensland government could incur financial penalties. This is not a
satisfactory option.
Estimated costs for government implementation
The Act will not have any significant financial impact on government.
The costs associated with public education and promotion activities in
relation to the legislative changes, along with any increased monitoring
activities, will be met by resource re-allocation within the Department of
Primary Industries.
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Agricultural and Veterinary Chemicals Legislation
Amendment Bill 2002
Consistency with fundamental legislative principles
While the provisions of the Act are consistent generally with the
standards required to be met under the Legislative Standards Act 1992,
issues concerning conformity with fundamental legislative principles may
be raised in relation to the following provisions of the Act.
Amended section 8E Chem Use Act (Use of Controlled Chemicals)
s4(2)(b) Legislative Standards Act - that legislation has sufficient
regard to the institution of Parliament
It is important to have a mechanism to declare chemicals to be controlled
chemicals by regulation, so that urgent action can be taken to introduce
appropriate controls where necessary. This is essential to protect export
markets, the health and safety of human beings, and the environment. In
addition, the penalty allocated to this section should be an effective
deterrent that is consistent with other serious offences relating to the
misuse of registered and unregistered chemicals that are proposed in the
Act.
Amendments for Penalties Chem Use Act
s4(2)(a) Legislative Standards Act - that legislation has sufficient
regard to the rights
and liberties of individuals
The penalties for current offences have been increased to be consistent
with those proposed for the new offences created in the Act. The penalties
have been set at contemporary levels that are consistent with similar
legislation in other States and Territories and with other legislation dealing
with chemical issues in Queensland.
s4(3)(d) Legislative Standards Act - that legislation does not reverse
the onus of proof in criminal proceedings without adequate justification
The Bill inserts new sections 7, 12, 12E, 12I and 13 consistent in
structure with current section 8 which is re-written as section 13A. The
new sections provide a defence to a prosecution if certain matters are
proved. In these circumstances, it is considered fair and reasonable that the
defendant would be responsible for proving certain matters that are within
their knowledge.
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Agricultural and Veterinary Chemicals Legislation
Amendment Bill 2002
Amended section 4 Chem Use Act (Dictionary)
s4(4)(c) Legislative Standards Act - whether the Act authorises the
amendment of an Act only by another Act
Major trade species animals are defined as cattle, sheep, pigs or domestic
fowl (Gallus domesticus). Unacceptable residues of veterinary chemical
products in food or fibre products derived from major trade species animals
have the potential to damage Queensland's reputation for safe and ethical
products. Accordingly the more rigorous controls are imposed on the use of
veterinary chemical products on major trade species animals.
The definition allows other emerging significant trade species animals to
be declared under a regulation to be major trade species animals. To have
the capacity to declare another species major trade species animal at
relatively short notice under a regulation demonstrates to our trading
partners that effective and responsive controls exist over the use of
chemical products in Australia.
By having the capacity to extend the definition, this will allow additional
trade species animals to be defined as major trade species animals should
they become a major source of food for human beings, or the trade in
products derived from the animal becomes a significant part of
Queensland's trade with other countries.
CONSULTATION
Community
Consultation has been undertaken with the Australian Veterinary
Association (including the Queensland Division), Australian Association of
Cattle Veterinarians, Veterinary Surgeons Board, Queensland Farmers
Federation, Agforce Queensland, Groundrig Operators Association Inc.,
Safe Food Queensland, Association of Independent Schools of Queensland,
Brisbane Catholic Education Centre and the Local Government
Association of Queensland Inc.
Government
There has been consultation on the amendments of the Act with
Queensland Treasury, Office of Rural Communities, Office of the
Queensland Parliamentary Counsel, Environmental Protection Agency and
the Departments of Premier and Cabinet, State Development (Business
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Amendment Bill 2002
Regulation Reform Unit), Main Roads, Employment and Training, Justice
and Attorney-General, Queensland Health, Natural Resources and Mines,
Local Government and Planning, Education, Corrective Services, Public
Works (QBuild) and Tourism, Racing and Fair Trading.
RESULTS OF CONSULTATION
Community
No objections to the proposed amendments have been raised by
stakeholders.
Government
All agencies consulted support the amendments.
NOTES ON PROVISIONS
PART 1--PRELIMINARY
Short title
Clause 1 describes the short title of the Act as being the Agricultural and
Veterinary Chemicals Legislation Amendment Bill 2002.
Commencement
Clause 2 provides that the Act is to commence on a date to be fixed by
proclamation.
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Agricultural and Veterinary Chemicals Legislation
Amendment Bill 2002
PART 2--AMENDMENT OF AGRICULTURAL
CHEMICALS DISTRIBUTION CONTROL ACT 1966
Act amended in pt 2 and sch 2
Clause 3 declares that Part 2 and Schedule 2 of the Act amends the
Agricultural Chemicals Distribution Control Act 1966.
Amendment of s6 (Definitions) and Insertion of New Schedule
Clause 4 amends section 6 `Definitions' to be consistent with modern
drafting practice by placing this section into new Schedule `Dictionary'.
The amendment includes additional definitions that define particular words
contained in the Act.
Amendment of s6A (Words and expressions used in Agvet Code and
this Act)
Clause 5 amends section 6A to be consistent with modern drafting
practice by reference to the Agvet Code words and expressions that appear
in the new Schedule `Dictionary'. The Agvet Code means a Schedule to
the Agricultural and Veterinary Chemicals Code Act 1994 (Cth).
Insertion of new ss 16A and 16B
Clause 6 inserts new sections 16A and 16B.
16A When pest management technician is taken to hold commercial
operator's licence
New section 16A(1) states that a pest management technician who holds
a pest management qualification as defined in the Pest Management Act
2001, is considered to hold a commercial operator's licence. This will
ensure that the provisions of the ACDC Act complement Queensland
Health legislation.
New section 16A(2) states that sections 20 to 23 of the ACDC Act apply
to a pest management technician (PMT) licence as if it were a commercial
operator's licence. These sections of the Act provide for the suspension or
cancellation of licences, the right of appeal to the Magistrates Court, how
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Amendment Bill 2002
to start an appeal, the stay of operation of decisions, hearing procedures,
the powers of the Court of Appeal, appeal to the District Court, and the
effect of suspension of a licence.
16B Ground distribution contractor licence
New section 16B provides for a ground distribution contractor's licence.
This new licence extends the scope of licensing in Queensland pursuant to
NCP recommendations and will affect any business that employs one or
more persons who are required to be licensed as commercial operators to
conduct weed control. This includes sporting clubs, garden care or
landscaping businesses, pest control operator businesses and government
departments.
Amendment of s17 (Application for licences)
Clause 7 amends section 17(1)(a), inserts new subsections 17(4), 17(5)
and 17(6)(a), and renumbers 17(4) as new subsection 17(6)(b).
Section 17(1)(a) is amended by replacing `standards officer' with
`board', so that an application for a licence must be made to the
Agricultural Chemicals Distribution Control Board (the `Board') who will
consider the application.
To ensure consistency with section 21 of the Pest Management Act 2001,
a pilot chemical rating licence or a commercial operator's licence will not
be issued unless the Board is satisfied that the applicant is at least 17 years
old.
These new amendments provide that if the board decides to grant an
application for a licence, it must be issued to the applicant as soon as
practicable. If the board decides to refuse to grant an application, the board
must give the applicant an information notice about the decision, and
refund the application fee as soon as practicable.
Replacement of ss18 and 19
Clause 8 replaces sections 18 and 19 with new sections 18 and 19.
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18 Term of licence
New section 18 redefines the term of a licence by removing the reference
to expiry on 30 June of each year, and increases the term of licence
(including licence renewals) to a period of up to 3 years from the date of
issue. This amendment is consistent with Queensland government
licensing initiatives and improves administrative efficiency.
19 Renewal of licence
New section 19 sets out new conditions for the renewal of a licence by
removing the requirement for licensees to lodge an application for renewal
of a licence to the board by 31 May each year. Under the new provisions
an application for renewal of a licence may be made within 60 days before
a licence expires. If the board does not receive an application to renew a
licence by the date of expiry, the licence will expire.
A new requirement under this section is that applicants must give the
board any relevant information or document that the board reasonably
requires to decide the application. If the board decides to grant the
application, the board must, as soon as practicable, issue a new licence to
the applicant. If the board refuses to grant the application, the board must
give the applicant an information notice about the decision and refund the
application fee as soon as practicable.
This amendment is consistent with Queensland government licensing
initiatives and improves administrative efficiency.
19A Expiring licence continues in force
This section makes provision for an expiring licence to continue in force
until a new licence is issued, provided an application has been made in
accordance with section 19 and the application has not been withdrawn or
refused. Section 19A(2) provides that subsection (1) does not apply if a
licence is earlier suspended or cancelled.
19B Notice of change in circumstances
This section provides that if there are changes to the licensee's name,
address or other circumstances prescribed under a regulation, then the
licensee must give the board written notice of the change within 21 days
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after the change. This provision is consistent with the requirements of the
Pest Management Act 2001.
Amendment of s21 (Cancellation or suspension of licence)
Clause 9 amends section 21 by updating the reference to relevant
Queensland Health legislation. This minor amendment is consistent with
section 14(1) of the Agricultural Chemicals Distribution Control
Regulation 1998.
Section 21(1)(da) is amended so that it applies to both aerial and ground
distribution contractors.
Section 21(5) provides that after the chief executive makes a decision,
the chief executive must give the licensee or former licensee an information
notice about the decision as soon as practicable.
Omission of s25 (Security against loss occasioned by aerial distribution
and certain ground distribution)
Clause 10 removes the compulsory requirement for the owners of aerial
and ground equipment to hold chemical liability insurance prior to the
commencement of chemical distribution activities by licensed operators.
This does not prevent people from taking out insurance on a voluntary
basis as a part of normal business practice.
The primary focus of the ACDC Act is to ensure the competency of
operators through accreditation and licensing, accompanied by penal
sanctions for behaviour that may cause a risk of damage to property.
Government strategies that address licensing and accreditation reduce
the risk of damage by ensuring operators have appropriate skills and
knowledge to select the most appropriate agricultural chemical and
application technique for distributing the chemicals.
The requirement for contractors to be insured against damage to
property, is only one of many risk reduction strategies available under the
ACDC Act. Existing insurance provisions provide limited coverage,
therefore, it is considered that these measures will afford better protection
against damage to property.
Since the introduction of the ACDC Act in 1966, increased legislative
controls for persons using agricultural chemicals have been introduced,
including the provisions of the Chemical Usage (Agricultural and
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Agricultural and Veterinary Chemicals Legislation
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Veterinary) Control Act 1988 and the Environmental Protection Act 1994.
Many of the regulatory controls and codes of practice adopted as part of
modern legislative responses have reduced many of the risks previously
associated with the off-target drift of agricultural chemicals.
Amendment of s26 (Records to be kept)
Clause 11 amends section 26(1) by providing that the new ground
distribution contractor is required to keep records of ground distribution in
lieu of the previous requirement on owners of ground equipment. There
are also minor amendments that are consistent with modern drafting
practice.
Amendment of s36 (Faulty or defective equipment)
Clause 12 amends sections 36(1) & 36(1A), and renumbers section
36(1A) and 36(2) as sections 36(2) and 36(3). This section has been
amended so that provisions relating to faulty or defective equipment now
apply to the ground distribution contractor. The section has also been
redrafted to be consistent with modern drafting practice.
Notices about faulty or defective equipment may be given orally where it
is not practicable to give a written notice, but a notice must be given again
in writing as soon as practicable.
Omission of s38 (Aerial and ground distribution with approved
equipment only and in compliance with s25)
Clause 13 removes section 38. The ability to approve all individual
equipment models is now impracticable because of the vast array of
equipment available on the market. In the absence of this provision,
safeguards in relation to faulty and defective equipment are contained in
section 36. Section 28 of the Agricultural Chemicals Distribution Control
Regulation 1998 requires operators to use equipment responsibly and in
such a manner as to avoid damage to crops and stock.
Section 38(b) has been removed as it is redundant with the omission of
section 25.
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Amendment of s39 (Aerial or ground distribution by or under
supervision of licensed persons)
Clause 14 amends section 39(2)(a) and (b) and 39(3)(b). Amendments
to this section mean that ground distribution licensing is subject to the
same requirements as for aerial distribution licensing.
Therefore, a person carrying out ground distribution can now work under
the business licence of either a ground distribution contractor or an aerial
distribution contractor. This prevents the need for an aerial distribution
contractor to also hold a ground distribution contractor licence. The
classes of commercial operator's licences are contained in section 6 of the
Agricultural Chemicals Distribution Control Regulation 1998.
Section 39(3)(b) is amended by inserting the correct reference to the
Land Act 1994.
Amendment of s 48 (Regulations)
Clause 15 amends the heading of section 48 and subsection 48(2)(g).
The heading now reads `Regulation-making power' and 48(2)(g) has
been replaced to provide for the regulation of the types of aerial and ground
equipment that may be used. Because of the omission of section 38, there
is now no requirement for a regulation to specify the entity to give approval
to the types of aerial and ground equipment that may be used.
Insertion of new Schedule
Clause 16 provides that new schedule `Dictionary' is to be inserted after
Part 7 `General'.
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PART 3--AMENDMENT OF CHEMICAL USAGE
(AGRICULTURAL AND VETERINARY) CONTROL ACT
1988
Act amended in pt 3 and sch 1 and 2
Clause 17 declares that Part 3 and Schedules 1 and 2 of the Act amend
the Chemical Usage (Agricultural and Veterinary) Control Act 1988.
Amendment of s 4A (Words and expressions used in Agvet Code and
this Act)
Clause 18 amends section 4A to be consistent with modern drafting
practice by reference to the Agvet Code words and expressions that appear
in the amended Schedule `Dictionary'. The Agvet Code means a Schedule
to the Agricultural and Veterinary Chemicals Code Act 1994 (Cth).
Restructure of Part 2
Part 2 has been restructured to include all existing and new requirements
in relation to the use of agricultural and veterinary chemical products. The
specific requirements for the use of chemical products have been
categorised into four divisions:
Division 1 - Chemicals generally
Division 2 - Veterinary chemical products
Division 3 - Agricultural chemical products
Division 4 - Chemical Residues
Insertion of New Division 1 - CHEMICALS GENERALLY
New section 7 - Use of registered agricultural and veterinary chemical
products taken from unlabelled containers
Clause 19 inserts new heading Division 1 and inserts new section 7 to
replace section 8B. The amendments clarify that the section applies to both
registered agricultural and registered veterinary chemical products.
This section has been redrafted to be consistent with modern drafting
practice.
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This section has been amended so that a person may use a product taken
from an unlabelled container in certain circumstances, including when the
product is supplied by and used in the way stated in the written instructions
of a veterinary surgeon, or where the National Registration Authority for
Agricultural and Veterinary Chemicals (NRA) has issued a permit.
The maximum penalty for the offence in this section has been increased
from 40 to 300 penalty units.
Omission of ss8 to 8C
Clause 20 These sections have been omitted as they are consequential
drafting amendments. Sections 8 and 8A have been rewritten as sections
13A and 13 respectively.
Amendment of s8D (Compliance with instructions)
Clause 21amends section 8D so that it applies to agricultural chemical
products. Previous section 8D applied to both agricultural and veterinary
chemical products. This section has been renumbered and relocated as
section 13B under new Division 3 - Agricultural chemical products.
Amendment of s8E (Use of controlled chemicals)
Clause 22 amends this section by increasing the penalty from 40 to 600
penalty units. This section has been renumbered and relocated as section 8
under new Division 1 - Chemicals generally.
Amendment of s11A (Claims about unregistered chemicals)
Clause 23 increases the maximum penalty for section 11A(1) from 40 to
300 penalty units. Section 11A is located under new Division 1 -
Chemicals generally.
Current subsection 11A(2)(b), which allows claims to be made about the
use of unregistered chemicals for an authorised veterinary purpose, has
been replaced by the new provisions relating to controls over the use of
unregistered veterinary chemical products contained in new Division 2,
Subdivision 2.
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Section 11A(3) inserts a new subsection (c) that ensures that a veterinary
surgeon can make recommendations about the use of unregistered chemical
products in accordance with s 12F `Use by veterinary surgeon'.
Amendment of s12 (Use of package that contained chemical)
Clause 24 increases the maximum penalty for section 12(1) from 40 to
300 penalty units. This section has been renumbered and relocated as
section 11B under new Division 1 - Chemicals generally.
Amendment of s13 (Governor in Council may proscribe chemicals)
Clause 25 This section is a consequential drafting amendment, and has
been renumbered and relocated as section 11C.
Insertion of new Divisions 2 and 3
Clause 26 inserts new Division 2 - `Veterinary chemical products' that
contains 7 Subdivisions that provide for specific requirements for the use of
veterinary chemical products and compounded veterinary chemical
products, and inserts new Division 3 - `Agricultural chemical products'
that provides for the use of agricultural chemical products.
Division 2 - Veterinary Chemical Products:
Subdivision 1- Registered veterinary chemical products
Subdivision 2- Unregistered veterinary chemical products
Subdivision 3- Compounded veterinary chemical products
Subdivision 4- Information to be given by veterinary surgeon or
pharmacist in relation to treatment of animal
Subdivision 5- Information to be given by person other than veterinary
surgeon or pharmacist
Subdivision 6- Records to be kept
Subdivision 7- Withholding Period
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Subdivision 1--Registered Veterinary Chemical Products
A core principle of chemical control of use legislation is that all persons
must use registered veterinary chemicals according to label instructions.
This minimises the risk of unacceptable chemical residues in food and fibre
commodities, or other unintended damage, to animals.
Registered veterinary chemical products must be used in accordance
with label instructions to control the following risks:
· unacceptable residues of chemical products in food and fibre
commodities;
· risks to human health from ineffective treatment of animal
diseases;
· ineffective treatment compromising animal welfare; and the
· potential risk of contamination of the environment from
chemicals in animal excretions.
This subdivision authorises use, in certain circumstances, of registered
products, other than in accordance with instructions on the approved label,
by veterinary surgeons and by other persons, under the instructions of a
veterinary surgeon. The effect is that a wider range of chemical options is
available to treat diseases and other conditions in animals.
The unauthorised use of veterinary chemical products contrary to
approved label instructions could also threaten the long-term availability of
the product which could potentially limit the range of options for the
treatment of animals.
Controls over the use of registered veterinary chemical products ensure
that confidence in Queensland's reputation for safe and ethically produced
food and fibre products is maintained. The retention of domestic and
export markets, and also the ability to obtain new markets, depends on this
continued confidence.
New section 12 - Use of registered veterinary chemical products
The effect of this section is that it prevents all persons supplying and
using registered veterinary chemical products other than in accordance
with the instructions on the approved label, unless the use is authorised by
a permit or prescribed by regulation.
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New section 12A - Use by veterinary surgeon on animals other than
major trade species
Because of the operation of section 12, a veterinary surgeon requires the
authority to use a registered veterinary chemical product, other than in
accordance with the instructions on the approved label, to treat animals that
are not major trade species animals. `Major trade species animal' is
defined in the amended Schedule `Dictionary'.
Currently veterinary surgeons are exempt from the requirements of the
Chem Use Act and are therefore not restricted in the way they use
registered veterinary chemical products. As new section 12 prevents all
persons using these products other than in accordance with the label,
sections 12A, 12B & 12C are necessary so that in specific circumstances a
veterinary surgeon may use a registered veterinary chemical product other
than in accordance with the approved label.
Trade species animals that are not major trade species animals are a
relatively small but significant part of food and fibre production industries
in Australia. The range of registered veterinary chemicals available for use
on these animals (eg. alpacas, goats, crocodiles, and emus) is limited. This
situation has occurred because veterinary chemical manufacturers do not
consider there is sufficient economic return to justify the expense of
developing and registering the products for these types of animals.
Many of these animals are affected by the same or related diseases and
conditions as major trade species animals. Flexibility in chemical control
of use legislation enables veterinary chemicals to be used on these animals
for animal welfare purposes and to support the development of emerging
industries.
Veterinary surgeons are also permitted to use registered veterinary
chemical products, other than in accordance with the instructions on the
approved label, on animals that are not used for food and fibre production,
for example, dogs, cats, and caged birds. This provides veterinary surgeons
with the flexibility to treat animals in this group according to the needs of
the animal.
Veterinary surgeons' qualifications and skills are acknowledged in the
Act by allowing them to use registered veterinary chemical products
contrary to label instructions within the restrictions of the Act.
A veterinary surgeon is also able to use professional judgement in the
use of a registered veterinary chemical product contrary to a restraint
statement on the approved label. In some circumstances, this may be the
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Agricultural and Veterinary Chemicals Legislation
Amendment Bill 2002
only product available or suitable to treat a specific disease in an animal.
However, because of the risks associated with this type of treatment use is
restricted to treatment of a single major trade species animal.
Restraint statements on veterinary chemical product labels define
situations of limitation or restriction about the use of the product, for
example, residues, antibiotic resistance, environmental issues, or possible
adverse consequences to the welfare of an animal.
`Restraint statement' and `Single' are defined in the amended Schedule
`Dictionary'.
The Act does not allow a use by injection unless the label gives
instructions for this use. It is considered unsafe to allow use by injection of
products that are labeled for use orally or topically and, therefore, this is
not authorised under any circumstances.
The unauthorised use of a registered veterinary chemical product by
injection or contrary to a restraint statement on the label is also applicable
to Sections 12B and 12D of the Act.
New section 12B - Use by veterinary surgeon on major trade species
animals
As mentioned in 12A, section 12 prevents the use of registered
veterinary chemical products other than in accordance with the label,
therefore this section is required so that a veterinary surgeon may use a
registered veterinary chemical product, other than in accordance with the
instructions on the approved label, to treat major trade species animals.
`Major trade species animal' is defined in the amended Schedule
`Dictionary'.
This enables veterinary surgeons to treat a particular major trade species
animal with products not registered for the species. If the label does not
include instructions for the treatment of any major trade species animal the
veterinary surgeon may only treat a single animal. This is because,
although the product is registered for use on animals, the risks in relation to
use on major trade species animals were not considered at the time of
registration of the product by the NRA.
However, if the label does include instructions for one or more major
trade species animals, the product may be used to treat another major trade
species animal. For example, a veterinary surgeon may use a chemical
product registered for the treatment of cattle (a major trade species) to treat
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Amendment Bill 2002
sheep (a major trade species), providing the label does not include a
restraint statement prohibiting use on sheep.
The information contained in 12A in relation to the unauthorised use of a
registered veterinary chemical product by injection or contrary to a
restraint statement on the label applies to this section.
New section 12C - Supply by veterinary surgeon to others
Section 12 prevents the supply of registered veterinary chemical
products for use other than in accordance with the label, therefore this
section is required so that a veterinary surgeon may supply to other persons
a registered veterinary chemical product, that is not packed and labelled in
the way stated in the Agvet Code, for the treatment of an animal under the
care of a veterinary surgeon. Without this provision, this practice would
constitute an offence under the Agvet Code.
Veterinary surgeons often dispense small quantities of veterinary
chemicals, for example, 1-2 heartworm tablets for the ongoing treatment of
an animal after the initial consultation. This product is taken from the
original container with the approved label attached and placed in another
container.
Supplying veterinary chemicals in this way avoids the need for a person
to be supplied more of the chemical product than is required to treat the
animal. Providing the person is given adequate instructions for the
treatment of the animal, this is an acceptable practice. Limiting the
quantity of veterinary chemicals supplied to lay persons reduces the risk of
misuse of these products.
New section 12D - Use by other persons in way stated in veterinary
surgeon's instructions
Under the Act, persons other than veterinary surgeons must only use
registered veterinary chemical products in accordance with the approved
label. However, this section allows these persons to treat animals other
than in accordance with the approved label, providing they follow the
instructions of the veterinary surgeon.
Permitting persons to use registered veterinary chemical products in
accordance with written instructions provided by the veterinary surgeon is
necessary to facilitate ongoing treatment of an animal after the initial
consultation with the veterinary surgeon.
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The information contained in 12A in relation to the unauthorised use of a
registered veterinary chemical product by injection or contrary to a
restraint statement on the label applies to this section.
Subdivision 2--Unregistered Veterinary Chemical Products
Previous legislation exempted veterinary surgeons from having to
comply with control of use legislation and did not restrict the use of
unregistered chemical products by veterinary surgeons. This subdivision
provides for restricted controls for the use of unregistered veterinary
chemical products by all persons, including veterinary surgeons, for the
treatment of an animal under the care of a veterinary surgeon.
`Unregistered veterinary chemical product' is defined in the amended
Schedule `Dictionary'.
Unregistered chemical products have not been subject to the rigorous
evaluation required by the NRA. The labels on unregistered products have
not been assessed and are unlikely to contain adequate instructions
required under the approval process to ensure information critical to the
safe and effective use of the product appears on the label.
Unregistered products also include previously registered products which
have had registration cancelled or suspended because it has been
determined that the continued use of these products could pose
unacceptable risks of residues or threaten the welfare of animals.
New section 12E - Use of unregistered veterinary chemical products
The effect of this section is that the unauthorised supply and use of
unregistered veterinary chemical products by all persons is prevented,
unless it is authorised by a permit or prescribed by regulation.
Such use of chemicals could lead to unacceptable residues of veterinary
chemicals in food or fibre products. Adequate regulatory controls assist in
continued market access for Queensland food and fibre products by
ensuring continued confidence in Queensland's reputation for safe and
ethically produced food and fibre products.
New section 12F - Use by veterinary surgeon
As 12E prevents the unauthorised use of unregistered veterinary
chemical products by all persons, this section is required so that in some
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Agricultural and Veterinary Chemicals Legislation
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circumstances, a veterinary surgeon may use an unregistered veterinary
chemical product, where the product is the best treatment for the animal.
They may treat any number of animals other than trade species animals.
This poses no risk of unacceptable residues as these animals are not used to
provide food and fibre products.
However, as these products have generally not been subjected to NRA
evaluation, use on trade species animals is restricted to treatment of single
animals. `Trade species animal' is defined in the amended Schedule
`Dictionary'.
The use of unregistered veterinary chemical products on animals other
than trade species animals poses no risk of unacceptable residues as they
are not used to provide food and fibre products.
New section 12G - Supply by veterinary surgeon to others
Section 12E prevents the unauthorised supply of unregistered veterinary
chemical products, however, within a veterinary practice, circumstances
may arise where a veterinary surgeon may need to supply a small quantity
of unregistered veterinary chemical products to another veterinary surgeon.
This supply can only occur in situations where an equivalent product,
which is registered for the particular animal species, is not reasonably
available. Without this provision, this practice would constitute an offence
under the Agvet Code.
New section 12H - Use by other persons in way stated in veterinary
surgeon's instructions
Because of the operation of 12E, this section is necessary for situations
where a person other than a veterinary surgeon, uses an unregistered
veterinary chemical product. They may use the product, provided they use
it in accordance with the written instructions given by the veterinary
surgeon. This is necessary to facilitate the ongoing treatment of an animal
after the initial consultation with the veterinary surgeon.
Subdivision 3--Compounded Veterinary Chemical Products
This section provides for restricted controls over the use of compounded
veterinary chemical products by all persons including veterinary surgeons,
for the treatment of an animal under the care of a veterinary surgeon.
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`Compounded veterinary chemical product' is defined in the amended
Schedule `Dictionary'.
The use and supply of compounded veterinary chemical products,
prepared by the veterinary surgeon or by a pharmacist under a veterinary
surgeon's prescription, pose risks identical to the use of unregistered
veterinary chemical products.
New section 12I - Use of compounded veterinary chemical products
This section prevents the unauthorised supply of compounded veterinary
chemical products, by veterinary surgeons and pharmacists, and the
unauthorised use of these products by all persons.
New section 12J - Use by veterinary surgeon
As 12I prevents the unauthorised use of compounded veterinary
chemical products by all persons, this section is required so that, in some
circumstances, a veterinary surgeon may use a compounded veterinary
chemical product where the product is the best treatment for the animal.
These products are prepared by the veterinary surgeon or a pharmacist in
accordance with the prescription of a veterinary surgeon and, therefore,
knowledge about the residue and safety implications of such products is
limited. For this reason, they may only be used in a quantity needed for a
single course of treatment. In addition, use on trade species animals is
restricted to treatment of single animals.
However, any number of animals other than trade species animals may
be treated. The use of compounded veterinary chemical products on
animals other than trade species animals poses no risk of unacceptable
residues as they are not used to provide food and fibre products.
This section provides the veterinary surgeon with the flexibility to use
this type of treatment where it is considered to provide the best option for
treatment of the animal.
New section 12K - Supply by pharmacist
Because of the operation of 12I, this section is needed to authorise the
supply of compounded veterinary chemical products by pharmacists, in a
quantity needed for a single course of treatment.
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New section 12L - Use by other persons in way stated in written
instructions
Because of the operation of 12I, this section is necessary for situations
where a person other than a veterinary surgeon, uses a compounded
veterinary chemical product. They may use the product, provided they use
the product in accordance with the written instructions given by the
veterinary surgeon or pharmacist. This is necessary to facilitate the
ongoing treatment of an animal after the initial consultation with the
veterinary surgeon.
Subdivision 4--Information to be Given by Veterinary Surgeon or
Pharmacist in Relation to Treatment of Animal
New section 12M - Information to be given by veterinary surgeon or
pharmacist
Detailed written instructions about the treatment of animals with
veterinary chemical products and compounded veterinary chemical
products are necessary to ensure that the person in charge of the animal is
fully informed. The instructions inform the person about the treatment
undertaken by the veterinary surgeon and/or provide details to allow the
person to effectively and safely use the chemical product to treat the
animal. "In charge" has been defined in the amended Schedule
`Dictionary'.
This information, particularly details of any withholding period that may
apply as a result of the treatment, is critical to enable correct management
decisions to be made by the person, such as the suitability of the animal for
sale or slaughter, or for collection of food and fibre products.
The veterinary surgeon or pharmacist is responsible for explaining the
meaning of the instructions to the person receiving the instructions, to
ensure that they are fully aware of the treatment.
New section 12N - Information to be included in instructions
This section lists the specific details that the veterinary surgeon or
pharmacist must include in the instructions mentioned in section 12M.
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New section 12O - Instructions must be kept
It is important that people keep the written instructions given to them by
the veterinary surgeon or pharmacist for a sufficient period of time to allow
correct management decisions to be made in relation to the treated animals.
In addition, the details included in the instructions will facilitate the
investigation of any problems that may occur, for example, unacceptable
levels of residues in food and fibre produce. Domestic and export markets
can be confident that Queensland is effectively regulating the use of
veterinary chemicals and is able to correct problems if they occur.
Subdivision 5--Information to be Given by Person Other than Veterinary
Surgeon or Pharmacist
New section 12P - Information to be given to person in charge of
animal
Detailed written advice about the treatment of trade species animals with
veterinary chemical products and compounded veterinary chemical
products is necessary to ensure that the person in charge of the animal is
fully informed.
The advice, provided by the person who has temporary custody of the
animal, informs the person in charge about the details of the treatment
undertaken. For example, a person will have temporary custody of an
animal when they are engaged by the owner to muster and treat stock in the
absence of the owner.
This information, particularly details of any withholding period that may
apply as a result of the treatment, is critical to enable correct management
decisions to be made by the person in charge, such as the suitability of the
animal for sale or slaughter, or for collection of food and fibre products.
New section 12Q - Information to be included in written advice
This section lists the specific details that must be contained in the written
advice mentioned in section 12P. These details must be provided by the
person who has temporary custody of the animal. This information will
ensure appropriate management decisions are made by the person in
charge, in relation to the treated animals.
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It is important that the person who provided the advice and the person
usually in charge of the animal each keep a copy of the written advice for a
sufficient period of time to facilitate the investigation of any problems that
may occur, for example, unacceptable levels of residues in food and fibre
produce. Domestic and export markets can be confident that Queensland is
effectively regulating the use of veterinary chemicals and is able to correct
problems if they occur.
Subdivision 6--Records To Be Kept
New section 12R - Records to be kept by veterinary surgeon
It is essential that veterinary surgeons make and keep detailed records of
the treatment of trade species animals under their care, particularly when
the treatment involves the use of a chemical product that has not been
registered for that use by the NRA. The section makes veterinary surgeons
accountable for the decisions they make in relation to the treatment of the
animal.
Records need to be kept for a sufficient period of time to facilitate the
investigation of any problems that may occur, for example, unacceptable
levels of residues in food and fibre produce. Domestic and export markets
can be confident that Queensland is effectively regulating the use of
veterinary chemicals and is able to correct problems if they occur.
Subdivision 7--Withholding Period
New section 12S - Meaning of "withholding period"
This section defines "Withholding period".
New section 12T - Identification of animals to which withholding
period applies
It is critical that trade species animals that have been treated with
chemical products, and a withholding period applies, be readily identified.
This is to prevent such animals from unknowingly being sheared or
slaughtered, and also to prevent milk or eggs from being collected, prior to
the end of the withholding period. This reduces the risk of unacceptable
chemical residue contamination of food and fibre products.
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New section 12U - Notice of treatment on supply of trade species
animal
A person may wish to supply a trade species animal that has been treated
with a chemical product, and a withholding period applies, to another
person before the end of the withholding period. If this happens, it is
essential that sufficient details about the treatment of the animal, including
in relation to the withholding period, are supplied with the animal. This
ensures that the new owner of the animal is able to meet specified
requirements in legislation in relation to withholding periods.
Records need to be kept for a sufficient period of time to facilitate the
investigation of any problems that may occur, for example, unacceptable
levels of residues in food and fibre produce. Domestic and export markets
can be confident that Queensland is effectively regulating the use of
veterinary chemicals and is able to correct problems if they occur.
New section 12V - Observance of Withholding Period
This section requires persons to observe withholding periods where trade
species animals have been treated with chemical products. Sections 12S,
12T and 12U provide further details in relation to withholding periods.
Insertion of New Division 3 - AGRICULTURAL CHEMICAL
PRODUCTS
New section 13 - Use of registered agricultural chemical products in
contravention of labels
This section replaces section 8A so that it now applies only to registered
agricultural chemical products in contravention of labels. Previous section
8A applied to both registered agricultural and registered veterinary
chemical products.
Section 8A has been renumbered and relocated as section 13 under new
Division 3 - Agricultural chemical products. The maximum penalty which
applies has been increased from 40 to 600 penalty units.
Controls over the use of registered veterinary chemical products are now
contained in new Division 2, Subdivision 1.
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Agricultural and Veterinary Chemicals Legislation
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New section 13A - Use of unregistered agricultural chemical products
This section replaces section 8 so that it now applies only to unregistered
agricultural chemical products. Previous section 8 applied to both
unregistered agricultural and unregistered veterinary chemical products.
Section 8 has been renumbered and relocated as section 13A under new
Division 3 - Agricultural chemical products. The maximum penalty which
applies has been increased from 40 to 600 penalty units.
Controls over the use of unregistered veterinary chemical products are
now contained in new Division 2, Subdivision 2.
Insertion of new ss 28A and 28B
Clause 27 inserts new sections 28A and 28B after section 28.
28A Application of Justices Act 1886, s76 not limited
This section provides that the express defences contained in the Act, do
not limit the application of section 76 of the Justices Act 1886.
28B Not an offence to act under direct supervision
This section clarifies that where the Act refers to a person other than a
veterinary surgeon, this does not mean a person who is acting under the
direct supervision of a veterinary surgeon, for example, a veterinary nurse.
Amendment of Section 34 (Evidence etc.)
Clause 28 omits the words "and in the absence of evidence to the
contrary conclusive evidence" contained in sections 34(c) to (g) and (j) to
ensure conformity with fundamental legislative principles, in particular,
section 4(3)(d) of the Legislative Standards Act 1992 that legislation does
not reverse the onus of proof in criminal proceedings without adequate
justification.
Amendment of Section 35 (Exemption)
Clause 29 omits section 35 to conform with fundamental legislative
principles, in particular section 4(4)(c) of the Legislative Standards Act
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Agricultural and Veterinary Chemicals Legislation
Amendment Bill 2002
1992 that an Act has sufficient regard to the institution of Parliament and
authorises the amendment of an Act only by another Act.
Insertion of new Part 4 - Transitional Provision for Agricultural and
Veterinary Chemicals Legislation Amendment Act 2002
Clause 30 inserts new Part 4 and new section 39 `Exemptions Revoked'.
It provides that any exemption granted under section 35 that was in force
immediately before the commencement of the Agricultural and Veterinary
Chemicals Legislation Amendment Act 2002, section 27, ceases to have
effect on the commencement of the Amendment Act.
Amendment of schedule (Dictionary)
Clause 31 amends the schedule by omitting or amending certain
definitions contained in the dictionary, and inserting new definitions not
previously defined.
PART 4--OTHER AMMENDMENTS
Part 4 and Schedules 1 and 2 of the Amendment Act amend the
Agricultural Chemicals Distribution Control Act 1966 and the Chemical
Usage (Agricultural and Veterinary) Control Act 1988.
Amendments for penalties - Schedule 1
Clause 32 provides that Schedule 1 amends penalties in the Act it
mentions.
Minor and Consequential Amendments - Schedule 2
Clause 33 provides that Schedule 2 amends the Acts it mentions.
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Agricultural and Veterinary Chemicals Legislation
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Schedule 1 - Amendments for Penalties
Schedule 1 increases the penalties in sections 9, 16(6), 17(5), 18(2),
20(2), 24(2), 25 and 26 in the Chem Use Act.
Schedule 2 - Minor and Consequential Amendments
This Schedule contains minor and consequential amendments to the
ACDC and Chem Use Acts.
TABLE OF PENALTIES UNDER THE AGRICULTURAL
AND VETERINARY CHEMICALS LEGISLATION
AMENDMENT BILL 2002
AGRICULTURAL CHEMICALS DISTRIBUTION CONTROL ACT 1966
Penalty Description Current Proposed Penalty
Provision Penalty
Notice of change in
s. 19B(2) New offence 10 penalty units
(PU)
circumstances.
(Where there are changes to the
licensee's name, address or
other circumstances prescribed
under a regulation, then the
licensee must give the board
written notice of the change
within 21 days after the
change.)
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Agricultural and Veterinary Chemicals Legislation
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CHEMICAL USAGE (AGRICULTURAL AND VETERINARY) CONTROL
ACT 1988
Penalty Description Current Proposed Penalty
Provision Penalty
Inspector's identity card.
s. 5B 10 PU No change
(Failure of person to return
identity card after ceasing to be
an inspector.)
Use of registered agricultural
s. 7(1) 40 PU 300 PU
and veterinary chemical
products taken from unlabelled
containers.
(Persons must not use
registered agricultural or
veterinary chemical products
taken from a container that
does not have an attached label,
unless authorised.)
Use of controlled chemicals.
s. 8(2) 40 PU 600 PU
(A person must not use a
controlled chemical in a way
that contravenes a condition for
use of the chemical.)
Person not to possess or use
s. 9 100 PU 800 PU
proscribed chemical.
(A person who contravenes this
section commits an offence,
unless the possession or use is
in accordance with written
permission from the Minister.)
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Agricultural and Veterinary Chemicals Legislation
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Claims about unregistered
s. 11A(1) 40 PU 300 PU
chemicals.
(A person must not make a
claim about the use of an
unregistered chemical unless
authorised.)
Use of package that contained
s. 11B(1) 40 PU 300 PU
chemical.
(A person shall not use a
package to contain a substance
if the package has at any time
contained a chemical.)
Use of registered veterinary
s. 12(1) New offence 600 PU
chemical products.
(A veterinary surgeon must not
use a registered veterinary
chemical product other than in
a way stated in the instructions
on the approved label of the
product container.)
Use of registered veterinary
s. 12(4) New offence 600 PU
chemical products.
(A person other than a
veterinary surgeon must not use
a registered veterinary chemical
product other than in a way
stated in the instructions on the
approved label of the product
container.)
Use of unregistered veterinary
s. 12E(1) New offence 600 PU
chemical products.
(A veterinary surgeon must not
use an unregistered veterinary
chemical product to treat an
animal unless authorised.)
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Agricultural and Veterinary Chemicals Legislation
Amendment Bill 2002
Use of unregistered veterinary
s. 12E(4) New offence 600 PU
chemical products.
(A person other than a
veterinary surgeon must not use
an unregistered veterinary
chemical product to treat an
animal unless authorised.)
Use of compounded veterinary
s. 12I(1) New offence 600 PU
chemical products.
(A veterinary surgeon must not
use a compounded veterinary
chemical product to treat an
animal unless authorised under
12J.)
Use of compounded veterinary
s. 12I(3) New offence 600 PU
chemical products.
(A pharmacist must not supply
a compounded veterinary
chemical product to treat an
animal unless authorised under
12K.)
Use of compounded veterinary
s. 12I(5) New offence 600 PU
chemical products.
(A person other than a
veterinary surgeon must not use
a compounded veterinary
chemical product to treat an
animal unless authorised under
12L.)
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Agricultural and Veterinary Chemicals Legislation
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Information to be given by
s. 12M(2) New offence 300 PU
veterinary surgeon or
pharmacist.
(Failure of veterinary surgeon
or pharmacist to give person in
charge of an animal full
instructions about the animal's
treatment.)
Information to be given by
s. 12M(5) New offence 100 PU
veterinary surgeon or
pharmacist.
(Failure of the person who
receives instructions to give the
instructions to the person who
is usually in charge of the
animal in accordance with
12M(2).)
Instructions must be kept.
s. 12O New offence 100 PU
(Failure of person given
instructions under 12M to keep
instructions.)
Information to be given to a
s. 12P(2) New offence 300 PU
person in charge of animal.
(Failure of person to give
written advice about an
animal's treatment to the
person in charge of the animal.)
Information to be given to a
s. 12P(3) New offence 100 PU
person in charge of animal.
(Failure of person who receives
written advice to give the advice
to the person in charge of the
animal.)
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Agricultural and Veterinary Chemicals Legislation
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Information to be included in
s. 12Q(3) New offence 100 PU
written advice.
(Failure of persons mentioned
in 12Q(2) to keep a copy of
written advice.)
Records to be kept by veterinary
s. 12R(2) New offence 200 PU
surgeon.
(Failure of veterinary surgeon
to keep record of treatment.)
Records to be kept by veterinary
s. 12R(3) New offence 200 PU
surgeon.
(Failure of veterinary surgeon
to keep copy of records for
specified period.)
Identification of animals to
s. 12T(2) New offence 300 PU
which withholding period
applies.
(Failure of person to identify
animal during the treatment
and withholding periods.)
Notice of treatment on supply of
s. 12U(2) New offence 300 PU
trade species animals.
(Failure of person who supplies
a trade species animal to give
the other person written notice
of the treatment.)
Notice of treatment on supply of
s. 12U(4) New offence 100 PU
trade species animals.
(Failure of person to keep a
copy of the notice for specified
period.)
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Agricultural and Veterinary Chemicals Legislation
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New offence 600 PU
Observance of withholding
s. 12V(2)
period.
(A person who contravenes this
section commits an offence.)
Use of registered agricultural
s. 13(1) 40 PU 600 PU
chemical products in
contravention of labels.
(A person must not use a
registered agricultural chemical
product other than in a way
stated in the instructions on the
approved label of the product
container unless authorised.)
Use of unregistered agricultural
s. 13A(1) 40 PU 600 PU
chemical products.
(A person must not use an
unregistered agricultural
chemical product unless
authorised.)
Recall of chemicals etc.
s. 14(3) 100 PU No change
(Contravention of notice under
subsection (1) by person.)
Chemical residues to be notified.
s. 15 40 PU No change
(Failure of analyst to notify
standards officer of residue
above MRL.)
Agricultural produce containing
s. 16(6) 100 PU 800 PU
chemical residues not to be used.
(A person must not contravene
a notice in accordance with
16(1) or 16(2) unless the person
has a reasonable excuse.)
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Agricultural and Veterinary Chemicals Legislation
Amendment Bill 2002
Approval to use agricultural
s. 17(5) 100 PU 800 PU
produce or cultivate plants on
land.
(A person who uses, destroys, or
disposes of a prescribed
substance or cultivates plants
on land contrary to an approval
given under section 17 commits
an offence.)
Destruction of agricultural
s. 18(2) 40 PU 600 PU
product at direction of chief
executive.
(A person given a notice under
section 18(1) must not use,
destroy or dispose of the
substance unless directed by the
notice.)
Powers of inspectors.
s. 20(2) 40 PU 100 PU
(Failure of a person to comply
with the requirement of an
inspector made under section
20(1).)
Production of records.
s. 24(2) 40 PU 50 PU
(Failure of a person to
immediately produce the record
for inspection by the inspector,
unless there is reasonable
excuse.)
Obstruction of inspector.
s. 25 40 PU 500 PU
(A person who contravenes this
section commits an offence.)
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Agricultural and Veterinary Chemicals Legislation
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Tampering with seals, samples
s. 26 40 PU 100 PU
etc.
(A person who contravenes this
section commits an offence.)
Executive Officers must ensure
s. 30A(2) The penalty No change
for the contra-
corporation complies with Act.
vention of the
provision by
(Failure to ensure corporation
an individual.
complies with Act.)
© State of Queensland 2002