Victorian Current Acts Victorian Current ActsS. 55(1) substituted by No. 73/1994 s. 51(4), amended by No. 22/2022 s. 30.
(1) The Secretary may, by notice in writing, require a wholesale dealer to have any fertiliser or stock food tested if the Secretary, on the advice of an authorised officer, reasonably suspects that the fertiliser or stock food does not comply with standards set under this Act.
(2) Without limiting subsection (1), the notice may require—
S. 55(2)(a) amended by No. 73/1994 s. 51(5)(a).
(a) that samples of the fertiliser or stock food are taken—
(i) under the supervision of an authorised officer; or
(ii) in the manner specified in the notice; and
(b) that the testing is carried out—
(i) under the supervision of an authorised officer; or
(ii) in the manner specified in the notice; and
S. 55(2)(c) amended by No. 22/2022 s. 30.
(c) that the testing is carried out at a laboratory that is approved by the Secretary; and
(d) that the testing is carried out within the time specified in the notice; and
(e) that the testing is carried out at the expense of the wholesale dealer if—
(i) it is being carried out for a prescribed reason; or
S. 55(2)(e)(ii) amended by No. 73/1994 s. 51(5)(a)(b).
(ii) the result of the testing shows that the fertiliser or stock food does not comply with standards set under this Act.
S. 55(2)(e)(iii) repealed by No. 73/1994 s. 51(5)(c).
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(3) A wholesale dealer who is given a notice must comply with it.
Penalty: 50 penalty units.
Note to s. 55(3) inserted by No. 13/2013 s. 5(3).
Note
Section 72A applies to an offence against this subsection.