Queensland Consolidated Acts

CHEMICAL USAGE (AGRICULTURAL AND VETERINARY) CONTROL ACT 1988

- As at 26 April 2024
- Act 103 of 1988

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      (Repealed)
   4.      Definitions
   4A.     Words and expressions used in Agvet Code and this Act
   4B.     Appointment of standards officers
   4C.     Powers and functions of standards officers
   4D.     Delegation by standards officer
   5.      Appointment of inspectors and analysts
   5A.     Limitation of inspector’s powers
   5B.     Inspector’s identity card
   5C.     Production or display of inspector’s identity card
   6.      Maximum residue limit

   PART 2 - USE OF CHEMICALS AND SUBSTANCES HAVING CHEMICAL RESIDUES

           Division 1 - Chemicals generally

   7.      Use of registered agricultural and veterinary chemical products taken from unlabelled containers
   8.      Use of controlled chemicals
   8A.     (Repealed)
   8B.     (Repealed)
   8C.     (Repealed)
   9.      Person not to possess or use proscribed chemical
   10.     Person not to dispose of package or chemical in improper manner
   11.     Claims inconsistent with labels
   11A.    Claims about unregistered chemicals
   11B.    Use of package that contained chemical
   11C.    Governor in Council may proscribe chemicals

           Division 2 - Veterinary chemical products

              Subdivision 1 - Registered veterinary chemical products

   12.     Use of registered veterinary chemical products
   12A.    Use by veterinary surgeon on animals other than major trade species
   12B.    Use by veterinary surgeon on major trade species animals
   12C.    Supply by veterinary surgeon to others
   12D.    Use by other persons in way stated in veterinary surgeon’s instructions

              Subdivision 2 - Unregistered veterinary chemical products

   12E.    Use of unregistered veterinary chemical products
   12F.    Use by veterinary surgeon
   12G.    Supply by veterinary surgeon to others
   12H.    Use by other persons in way stated in veterinary surgeon’s instructions

              Subdivision 3 - Compounded veterinary chemical products

   12I.    Use of compounded veterinary chemical products
   12J.    Use by veterinary surgeon
   12K.    Supply by pharmacist
   12L.    Use by other persons in way stated in written instructions

              Subdivision 4 - Information to be given by veterinary surgeon or pharmacist about the treatment of an animal

   12M.    Information to be given by veterinary surgeon or pharmacist
   12N.    Information to be included in instructions
   12O.    Instructions must be kept

              Subdivision 5 - Information to be given by person other than veterinary surgeon or pharmacist

   12P.    Information to be given to person in charge of animal
   12Q.    Information to be included in written advice

              Subdivision 6 - Records to be kept

   12R.    Records to be kept by veterinary surgeon

              Subdivision 7 - Withholding period

   12S.    Meaning of withholding period
   12T.    Identification of animals to which withholding period applies
   12U.    Notice of treatment on supply of trade species animal
   12V.    Observance of withholding period

           Division 3 - Agricultural chemical products

              Subdivision 1 - Preliminary

   12W.    Definitions for div 3

              Subdivision 2 - General provisions

   13.     Use of registered agricultural chemical products in contravention of labels
   13A.    Use of unregistered agricultural chemical products
   13B.    Compliance with instructions

              Subdivision 3 - Great Barrier Reef protection measures

   13C.    Prescribed agricultural ERA products and conditions
   13D.    Compliance with prescribed agricultural ERA condition
   13E.    Use etc. of registered agricultural ERA products for agricultural ERAs

           Division 4 - Chemical residues

   13F.    Definition for division
   14.     Recall of chemicals etc.
   15.     Duty to report chemical residues in or on relevant thing
   15A.    (Repealed)
   16.     Agricultural produce etc. containing chemical residues not to be used etc.
   17.     Approval to use etc. agricultural produce etc. or cultivate plants, or graze or keep trade species animals, on land
   18.     Destruction of agricultural produce etc. at direction of chief executive
   19.     Standards officer may cause notice under section 18 to be complied with

   PART 3 - MISCELLANEOUS

   20.     Powers of inspectors
   20A.    Use of body-worn cameras
   21.     Warrants
   21A.    Review of particular decisions
   22.     Right of appeal to Magistrates Court for decision to seize
   22A.    How to start appeal
   22B.    Stay of operation of decisions
   22C.    Hearing procedures
   22D.    Powers of court on appeal
   22E.    Appeal to District Court
   23.     (Repealed)
   24.     Production of records
   25.     Obstruction of inspector
   26.     Tampering with seals, samples, etc.
   27.     Analyst’s report
   28.     Prosecutions generally
   28A.    Application of Justices Act 1886, s 76, not limited
   28B.    Not an offence to act under direct supervision
   29.     Expenses of analysis to be paid by offenders on conviction
   30.     Responsibility for acts or omissions of representatives
   30A.    Liability of executive officer—particular offences committed by corporation
   31.     Executive officer may be taken to have committed offence
   32.     Returning seized thing
   32A.    Forfeiture of seized thing to State
   32B.    Dealing with things forfeited or transferred to State
   32C.    Right of appeal to Magistrates Court for decision to forfeit
   33.     Supervision by inspector
   34.     Evidence, etc.
   35.     Confidentiality of information
   36.     Exchange of information with prescribed government entity
   37.     (Repealed)
   38.     Regulation-making power

   PART 4 - TRANSITIONAL PROVISIONS

           Division 1 - Transitional provision for Agricultural and Veterinary Chemicals Legislation Amendment Act 2002

   39.     Exemptions revoked

           Division 2 - Transitional provision for Environmental Protection (Great Barrier Reef Protection Measures) and Other Legislation Amendment Act 2019

   40.     Definition of agricultural ERA
           SCHEDULE - Dictionary