Queensland Numbered Acts

MEDICINES AND POISONS ACT 2019 - SECT 44

44 Offence to carry out pest management activities

(1) A person must not carry out a pest management activity unless the person carries out the activity in the authorised way or has a reasonable excuse.

Penalty—

Maximum penalty—200 penalty units.

(2) Subsection (1) does not apply to a person who is any of the following—

(a) a primary producer, or an agent of a primary producer, who carries out a pest control activity using a pesticide on an unprocessed product located on land owned or occupied by the primary producer;

Examples for paragraph (a)—

• spraying pesticide on an agricultural crop using a motor vehicle with attached spray booms

• spraying fruit using a pesticide to protect the fruit from damage by insects

(b) a primary producer, or an agent of a primary producer, who carries out a fumigation activity using a fumigant on land owned or occupied by the primary producer;

Example for paragraph (b)—

• sterilising soil by using a fumigant to prepare the soil for planting an agricultural crop

(c) a person responsible for caring for or growing a plant who carries out a pest control activity using a pesticide on the plant at a place that is primarily used for horticultural, recreational or sporting activities;

Examples for paragraph (c)—

• spraying pesticide on trees at a nursery to prevent diseases

• spraying a bowling green using a pesticide to protect it from damage by insects

(d) a person who carries out a pest control activity using a household pesticide to control a pest, including a pest on an animal, at residential premises, other than for a pest management business.

Examples for paragraph (d)—

• using a household pesticide to kill cockroaches at a house

• using a household pesticide to control fleas and ticks on a dog

• spraying a household pesticide on a meter box before working on the meter box

(3) Subsection (2) applies only if the fumigant or pesticide is used in accordance with the approved label of the fumigant or pesticide.

(4) In this section—

"household pesticide" means a pesticide ordinarily used in households and available to buy in a retail store.

Examples—

• bait for killing cockroaches available to buy at a supermarket

• flea and tick treatment for dogs available to buy at a pet store

"primary producer" means a person producing or storing agricultural or horticultural products.

"unprocessed product" means an agricultural or horticultural product that is located in the place where it was produced and has not been processed for sale.