Victorian Current Acts Victorian Current Acts(1) In this Act—
S. 4(1) def. of advice note amended by Nos 73/1994 s. 40(c), 33/2000 s. 3(a), 22/2022 s. 25(b).
"advice note" means any document (other than a label or an approved label) that contains any information about a veterinary chemical product, fertiliser, stock food or meal of animal origin or advice on its use, and that is supplied by the seller to the buyer in connection with the sale of the veterinary chemical product, fertiliser, stock food or meal of animal origin;
S. 4(1) def. of aerial spraying amended by No. 73/1994 s. 40(d).
"aerial spraying" means the spraying, spreading or dispersing of an agricultural chemical product (whether in a solid or liquid form) from an aircraft in flight;
S. 4(1) def. of agricultural chemical preparation repealed by No. 73/1994 s. 40(a).
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S. 4(1) def. of agricultural chemical product inserted by No. 73/1994 s. 40(b).
"agricultural chemical product" has the same meaning as in the Agvet Code of Victoria;
"agricultural produce" means—
(a) any plant or part of a plant, whether harvested or not; or
(b) any carcass or commodity obtained from a plant or an animal—
which is ordinarily used as, or manufactured into, food for humans or animals and—
(c) includes any other commodity that is obtained from a plant or an animal and that is declared under subsection (4) to be agricultural produce; and
(d) does not include any plant, animal or commodity that is declared under subsection (4) not to be agricultural produce;
S. 4(1) def. of agricultural spraying amended by No. 73/1994 s. 40(e).
"agricultural spraying" means the spraying, spreading or dispersing of an agricultural chemical product from any machine or piece of equipment, and includes aerial spraying;
S. 4(1) def. of Agvet Code of Victoria inserted by No. 73/1994 s. 40(b).
"Agvet Code of Victoria" has the same meaning as in the Agricultural and Veterinary Chemicals (Victoria) Act 1994 ;
"aircraft" includes a helicopter;
S. 4(1) def. of animal substituted by No. 73/1994 s. 40(f).
"animal" has the same meaning as in the Agvet Code of Victoria;
"approved fee" means a fee that is fixed by the Minister by notice published in the Government Gazette;
S. 4(1) def. of approved insurance policy repealed by No. 35/2009 s. 3(4).
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S. 4(1) def. of approved label inserted by No. 22/2022 s. 25(a).
"approved label" has the same meaning as in the AgVet Code of Victoria;
S. 4(1) def. of APVMA inserted by No. 35/2009 s. 3(1).
"APVMA" means the Australian Pesticides and Veterinary Medicines Authority continued in existence by section 6 of the Agricultural and Veterinary Chemicals (Administration) Act 1992 of the Commonwealth;
"authorised officer" means an officer appointed under section 53 ;
S. 4(1) def. of Board repealed by No. 73/1994 s. 40(a).
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S. 4(1) def. of Certificate of clearance repealed by No. 73/1994 s. 40(a).
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S. 4(1) def. of chemical product inserted by No. 73/1994 s. 40(b).
"chemical product" means an agricultural chemical product or a veterinary chemical product;
S. 4(1) def. of chief administrator substituted by No. 73/1994 s. 40(g), amended by Nos 55/2001 s. 5(a), 108/2004 s. 117(1) (Sch. 3 item 6.1(a)), repealed by No. 22/2022 s. 27(1)(b).
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S. 4(1) def. of clearance authority repealed by No. 73/1994 s. 40(a).
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S. 4(1) def. of Committee repealed by No. 48/2016 s. 3.
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S. 4(1) def. of Common-wealth Act repealed by No. 73/1994 s. 40(a).
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"contaminant" includes a radioactive substance;
"constituent" includes additive and contaminant;
S. 4(1) def. of contaminated , in relation to an animal or to agricultural produce amended by No. 35/2009 s. 3(2).
"contaminated", in relation to an animal or to agricultural produce, means an animal or produce in which a contaminant is present—
(a) in excess of the maximum residue limit; or
(b) if there is no maximum residue limit for that contaminant at such a level that the produce does not, or that the food produced from the animal or produce is not likely to, comply with the Food Act 1984 ;
S. 4(1) def. of contaminated , in relation to a fertiliser or stock food inserted by No. 55/2001 s. 5(e).
"contaminated", in relation to a fertiliser or stock food, means having a contaminant present in the fertiliser or stock food in excess of the maximum limit for that substance;
"contaminated produce notice" means a notice issued under section 52;
S. 4(1) def. of Department substituted by Nos 73/1994 s. 40(h), 46/1998
s. 7(Sch. 1)
(as amended by No. 12/1999 s. 3(Sch. 1 item 2)), amended by
Nos 56/2003 s. 11(Sch. item 1.1), 70/2013 s. 4(Sch. 2 item
4.1), substituted by No. 22/2022 s. 27(1)(c).
"Department" means Department of Jobs, Precincts and Regions;
"destruction notice" means a notice issued under section 58 ;
S. 4(1) def. of fertiliser amended by No. 73/1994 s. 40(i).
"fertiliser" means—
(a) a substance that is manufactured, represented, sold or used as a means of directly or indirectly—
(i) fertilising the soil; or
(ii) supplying nutrients to plants; or
(iii) conditioning soil by altering the chemical, physical or biological composition of the soil; or
(b) a substance that is declared under subsection (4) to be a fertiliser—
but does not include—
(c) an agricultural chemical product; or
(d) a substance that is declared under subsection (4) not to be a fertiliser;
S. 4(1) def. of formulate repealed by No. 73/1994 s. 40(a).
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S. 4(1) def. of inspect inserted by No. 22/2022 s. 3.
"inspect", in relation to a power to inspect, includes search;
S. 4(1) def. of label amended by Nos 73/1994 s. 40(j)(i)(ii), 33/2000 s. 3(a).
"label" includes any tag, brand, mark, stamp, stencil, leaflet or statement in writing that is marked on or attached to the package of a chemical product, fertiliser, stock food or meal of animal origin at the time of its sale or delivery to the buyer;
"land use restriction notice" means a notice issued under section 50;
S. 4(1) def. of maximum limit inserted by No. 55/2001 s. 5(e).
"maximum limit", in relation to a substance present in a fertiliser or stock food, means the level that is declared under subsection (4) to be the maximum limit for that substance in relation to fertilisers or stock foods of that type;
S. 4(1) def. of maximum residue limit substituted by No. 35/2009 s. 3(3).
"maximum residue limit", in relation to a substance present in an animal or in agricultural produce, means—
(a) the level that is declared under subsection (4) to be the maximum residue limit for that substance in relation to animals or agricultural produce of that type; or
(b) if no maximum residue limit is declared under subsection (4) for that substance, the maximum residue limit specified in an approved standard published by the APVMA in accordance with section 7A of the Agricultural and Veterinary Chemicals (Administration) Act 1992 of the Commonwealth for that substance in relation to animals or agricultural produce of that type;
S. 4(1) def. of meal of animal origin inserted by No. 33/2000 s. 3(b).
"meal of animal origin" includes a mixture of meals of animal origin;
"operator", in relation to an aircraft, means—
(a) if the aircraft is subject to a hire‑purchase agreement or a lease, the person in possession of the aircraft; and
(b) if the aircraft is borrowed for use (whether or not under a financial arrangement), the person borrowing the aircraft; and
(c) in any other case, the owner of the aircraft;
S. 4(1) def. of package amended by Nos 73/1994 s. 40(k), 33/2000 s. 3(a).
"package", in relation to a chemical product, fertiliser, stock food or meal of animal origin, means anything in or by which the chemical product, fertiliser, stock food or meal of animal origin is wholly or partly covered or contained;
"pest"—
(a) in relation to any animal, plant or thing, means any animal, plant or other biological entity that injuriously affects the physical condition, worth or utility of that animal, plant or thing; and
(b) in relation to any place, means any animal, plant or other biological entity that injuriously affects the use or enjoyment of that place;
S. 4(1) def. of place inserted by No. 22/2022 s. 3.
"place" includes—
(a) any land; and
(b) any temporary building or structure;
Note
See the definition of land in section 38 of the Interpretation of Legislation Act 1984 .
"plant" includes a seed or cutting of a plant, and any other part or product of a plant that is directly relevant to the production of another plant;
S. 4(1) def. of preparation repealed by No. 73/1994 s. 40(a).
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S. 4(1) def. of preparation to which the Common-wealth Act applies repealed by No. 73/1994 s. 40(a).
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S. 4(1) def. of relevant Act amended by Nos 55/2001 s. 5(b), 107/2004 s. 178, 46/2008 s. 268(1), 39/2018 s. 28.
"relevant Act" means—
(a) this Act, the Environment Protection Act 2017 , the Drugs, Poisons and Controlled Substances Act 1981 , the Dangerous Goods Act 1985 , Public Health and Wellbeing Act 2008 and the Occupational Health and Safety Act 2004 ; and
(b) any other Act that is declared under subsection (4) to be a relevant Act;
S. 4(1) def. of Secretary inserted by No. 22/2022 s. 27(1)(a).
"Secretary" means Secretary to the Department;
S. 4(1) def. of Secretary to the Department of Health inserted by No. 29/2010 s. 43(1), repealed by No. 22/2022 s. 27(1)(d).
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S. 4(1) def. of sell amended by No. 55/2001 s. 5(c)(d).
"sell" includes—
(a) barter; and
(b) exchange; and
(c) agree to sell; and
(d) offer to sell; and
(e) receive for sale; and
(f) have in possession for sale; and
(g) expose for sale; and
(h) send, forward or deliver for sale; and
(i) sell for resale; and
(j) give away for the purpose of advertisement or in furtherance of trade or business or a profession; and
(k) cause or permit someone to sell; and
(l) sell or supply under a contract for services or a contract for work or labour;
"stock" means any animal of which any part is used as, or which produces any product that is ordinarily used as, or manufactured into, food for humans, and includes bees, fish and birds;
S. 4(1) def. of stock food substituted by No. 73/1994 s. 40(l).
"stock food" means any substance that is used or intended to be used for consumption by stock, other than a substance that is declared under subsection (4) not to be a stock food;
substance includes—
(a) an organism, including a genetically manipulated organism; and
(b) material that is produced from an organism; and
(c) matter the preparation of which involves the use of an organism; and
(d) a mixture or compound;
"target area", in relation to agricultural spraying, means the area within which pests are intended to be controlled by the spraying;
S. 4(1) def. of unregistered chemical product inserted by No. 73/1994 s. 40(b).
"unregistered chemical product" means a chemical product which is not registered under Part 2 of the Agvet Code of Victoria;
S. 4(1) def. of veterinary chemical preparation repealed by No. 73/1994 s. 40(a).
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S. 4(1) def. of veterinary chemical product inserted by No. 73/1994 s. 40(b), amended by Nos 58/1997 s. 96(Sch. item 1.1), 13/2010 s. 51(Sch. item 4).
"veterinary chemical product" has the same meaning as in the Agvet Code of Victoria except that, despite section 5(4) of that Code, it includes—
(a) a substance or mixture of substances that is—
(i) prepared by a pharmacist registered under the Health Practitioner Regulation National Law in accordance with the instructions of a veterinary practitioner; or
(ii) prepared by a veterinary practitioner—
in the course of the practice, by the person preparing the substance or mixture of substances, of his or her profession; and
(b) a substance declared under subsection (4) of this section to be a veterinary chemical product—
but does not include a substance that is declared under subsection (4) of this section not to be a veterinary chemical product;
S. 4(1) def. of wholesale dealer substituted by No. 73/1994 s. 40(m).
"wholesale dealer" means a person who manufactures or places on the market for sale by wholesale a fertiliser or stock food;
S. 4(2)(3) repealed by No. 73/1994 s. 41(a).
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(4) The Governor in Council may, by Order, declare—
S. 4(4)(a)(b) repealed by No. 73/1994 s. 41(b)(i).
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(c) a commodity that is obtained from a plant or an animal to be agricultural produce; or
(d) any plant, animal or commodity not to be agricultural produce; or
(e) a substance to be a fertiliser; or
(f) a substance not to be a fertiliser; or
(g) the maximum residue limit (which may be zero) for a substance in relation to any animal or agricultural produce; or
S. 4(4)(ga) inserted by No. 55/2001 s. 6.
(ga) the maximum limit (which may be zero) for a substance in a fertiliser or stock food; or
(h) an Act to be a relevant Act; or
(i) a substance not to be a stock food; or
S. 4(4)(j) amended by No. 73/1994 s. 41(b)(ii).
(j) a substance to be a veterinary chemical product; or
S. 4(4)(k) amended by No. 73/1994 s. 41(b)(ii).
(k) a substance not to be a veterinary chemical product.
(5) An Order made under subsection (4) must be published in the Government Gazette.
S. 4(6) amended by Nos 73/1994 s. 41(c), 46/1998 s. 7(Sch. 1)
(as amended by No. 12/1999 s. 3(Sch. 1 item 2)), amended by
Nos 56/2003 s. 11(Sch. item 1.2), 108/2004 s. 117(1)
(Sch. 3 item 6.1(b)), 70/2013 s. 4(Sch. 2 item 4.2),
repealed by No. 22/2022 s. 27(2).
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S. 5 amended by Nos 73/1994 s. 42, 55/2001 s. 7.