Victorian Current Acts

AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) ACT 1992 - SECT 56

    (1)     An authorised officer may, by notice in writing, require the owner of any stock, land or agricultural produce to have that stock, land or agricultural produce tested if the authorised officer reasonably suspects that—

        (a)     the stock is contaminated; or

        (b)     the growing of plants or the grazing of stock on the land would be likely to result in the production of contaminated agricultural produce or the contamination of the stock; or

        (c)     the agricultural produce is contaminated.

    (2)     Without limiting subsection (1), the notice may require—

        (a)     that samples or specimens from the stock, land or agricultural produce 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. 56(2)(c) amended by No. 22/2022 s. 30.

        (c)     that the samples or specimens are tested 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 owner if—

              (i)     it is being carried out for a prescribed reason; or

              (ii)     the result of the testing shows that the stock or agricultural produce (as the case requires) is contaminated or that, in the case of land, the growing of plants or the grazing of stock on it would be likely to result in the production of contaminated agricultural produce or the contamination of the stock.

    (3)     An owner of any stock, land or agricultural produce who is given a notice must comply with it.

Penalty:     50 penalty units.

Note to s. 56(3) inserted by No. 13/2013 s. 5(3).

Note

Section 72A applies to an offence against this subsection.

S. 56(4) inserted by No. 73/1996 s. 3.

    (4)     If the result of the testing of any stock, land or agricultural produce under this section shows that the stock, land or agricultural produce is contaminated, the person who carried out the test of that stock, land or agricultural produce must notify the Secretary or an authorised officer of that contamination within the prescribed time and in the prescribed manner.

S. 56A inserted by No. 55/2001 s. 21.