Western Australian Current Acts Western Australian Current Acts (1) The Governor on
the advice of the Pesticides Advisory Committee may make regulations under
section 341 —
(a)
prescribing a substance or compound to be a pesticide; and
(b)
prescribing forms and fees (including fees payable in respect of applications
for registration or licences or in respect of the analysis or examination of
pesticides); and
(c)
providing for the registration by the Chief Health Officer of pesticides and
labels relating thereto and for the imposition by him of conditions on any
such registration; and
(d)
prohibiting the registration by the Chief Health Officer of any pesticide in
respect of which a body prescribed for the purposes of section 246BA(b) has
recommended against the use of that pesticide; and
(e)
regulating or prohibiting the manufacture, preparation, packaging, labelling,
storage, carriage, distribution, sale and use of pesticides; and
(f)
regulating or prohibiting the advertising of pesticides; and
(g)
requiring disclosure by an applicant for the registration of a pesticide of
the composition of the pesticide and of other information relevant to his
application; and
(h)
requiring disclosure by an applicant for the licensing of a person or firm in
respect of the use of pesticides of information relevant to his application;
and
(i)
regulating the disposal of pesticides and used pesticide
containers; and
(j)
providing for the registration by the Chief Health Officer of firms in respect
of the undertaking or carrying out of fumigation and for the imposition by him
of conditions on any such registration; and
(k)
providing for the licensing by the Chief Health Officer of persons in respect
of the carrying out of fumigation and for the imposition by him of conditions
on the granting by him of any such licence; and
(l)
providing for the registration by the Chief Health Officer of firms carrying
on the trade, business or profession of the use of pesticides for reward and
for the imposition by him of conditions on any such registration; and
(m)
providing for the licensing by the Chief Health Officer of persons in respect
of the use of pesticides for reward as pesticide operators or provisional
pesticide operators and for the imposition by him of conditions on the
granting by him of any such licence; and
(n)
prescribing the qualifications required of applicants for licensing as
pesticide operators or provisional pesticide operators; and
(o)
prescribing the records to be kept by firms registered or persons licensed
under regulations made under section 341 as read with this section; and
(p)
requiring the notification to the Chief Health Officer of accidents involving
the use of pesticides; and
(q)
enabling the Chief Health Officer to require persons using pesticides to
submit themselves to medical examinations or tests for the purpose of
ascertaining the effect on their health of exposure to pesticides; and
(r)
setting standards for the composition of pesticides; and
(s)
prohibiting persons from adulterating any pesticide, or having in their
possession for sale any pesticide which has been adulterated, by the admixture
of any foreign substance; and
(t)
prescribing standards of the amount of deterioration or variation from nominal
strength, if any, to be permitted in any pesticide; and
(u)
prescribing methods of analysis and examination (either exclusive or optional)
whereby the composition, quality or conformity or want of conformity with a
prescribed standard of any pesticide shall or may be ascertained; and
(v)
requiring any pesticide to be labelled, prescribing what
information relating to the pesticide should be set out on its label,
prohibiting the use on its label of any particular words or expressions,
regulating generally the wording, printing, size, colour and styles of labels
of pesticides to be used under this Act, prohibiting the sale (except to an
officer appointed under section 6 of the
Health Legislation Administration Act 1984 demanding a sample of the
pesticide concerned under this Act) of any pesticide which is not labelled in
accordance with this Act, and granting conditional exemption from any
requirement of regulations so made relating to the labelling of any pesticide
and prescribing the conditions of that exemption; and
(w)
preventing the adulteration or contamination of pesticides and prohibiting the
sale (except to an officer appointed under section 6 of the
Health Legislation Administration Act 1984 demanding a sample of the pesticide
concerned under this Act) of any pesticides not in conformity with a
prescribed standard; and
(x)
providing for the isolation or removal of pesticides
which are or may be hazardous; and
(y)
prescribing all matters that are required or permitted by this Division to be
prescribed or are necessary or convenient to be prescribed for giving effect
to the purposes of this Division or for the protection of health in relation
to pesticides.
(2) Nothing in
subsection (1)(d) affects any power conferred by regulations made under
section 341 as read with this section on the Chief Health Officer to register
or refuse to register any pesticide or label relating thereto.
[Section 246C inserted: No. 80 of 1987 s. 86;
amended: No. 19 of 2016 s. 29.]
[Division 9: s. 246D deleted: No. 13 of 2014
s. 156;
s. 246E-FB
deleted: No. 43 of 2008 s. 147(10)-(13).]
[Part VIII (s. 246G-247) deleted: No. 43 of 2008 s. 147(14).]
[Heading inserted: No. 24 of 1970 s. 5.]