Version No. 011
Agricultural and Veterinary Chemicals (Infringement Notices) Regulations 1994
S.R. No. 211/1994
Version incorporating amendments as at 6 May 2003
table of provisions
RegulationPage
1
RegulationPage
1.Objective
2.Authorising provision
2A.Definition
3.Prescribed offences
4.Prescribed penalty
5.Infringement notices
6.Withdrawal of infringement notice
7.Payment of penalty
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SCHEDULE
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 011
Agricultural and Veterinary Chemicals (Infringement Notices) Regulations 1994
S.R. No. 211/1994
Version incorporating amendments as at 6 May 2003
1
S.R. No. 211/1994
Agricultural and Veterinary Chemicals (Infringement Notices) Regulations 1994
1.Objective
The objective of these Regulations is to provide for the issue of infringement notices.
2.Authorising provision
These Regulations are made under section 76 of the Agricultural and Veterinary Chemicals Act 1992.
Reg. 2A inserted by S.R. No. 27/1995 reg.4.
2A.Definition
In these Regulations "the Act" means the Agricultural and Veterinary Chemicals (Control of Use) Act 1992[1].
Reg. 3 amended by S.R. Nos 27/1995 reg.5, 90/1995 reg.3, substituted by S.R. No. 123/1997
reg. 3.
3.Prescribed offences
For the purposes of section 69(1) of the Act, the prescribed offences are the offences set out in the Schedule.
4.Prescribed penalty
The penalty for a prescribed offence is 2 penalty units.
5.Infringement notices
(1)An infringement notice is in the prescribed form if it is in writing and refers to the fact that it is an infringement notice issued under section 69 of the Act.
(2)An infringement notice must contain the following particulars—
(a)the date on which the notice is issued;
(b)the number of the notice;
(c)the name and address of the person alleged to have committed the infringement;
(d)the date and place of the commission of the alleged infringement;
(e)a brief description of the kind of infringement alleged to have been committed;
(f)the amount of the penalty prescribed in regulation 4 for the offence;
(g)the date and address for payment of the penalty;
(h)a statement to the effect that if the amount of the penalty is paid on time the matter will not be brought before a court unless, before the expiration of the period specified in the notice as the time for payment of the penalty, an authorised officer gives notice that the infringement notice has been withdrawn; and
(i)the name and signature of the authorised officer by whom the notice was issued.
6.Withdrawal of infringement notice
r. 6
A notice of withdrawal of an infringement notice is in the prescribed form if it—
(a)is in writing; and
(b)refers to the fact that it is a notice of withdrawal of an infringement notice issued under section 69 of the Act; and
(c)contains the following particulars—
(i)the number and date of issue of the infringement notice;
(ii)the name and address of the person alleged to have committed the infringement;
(iii)a statement that the infringement notice has been withdrawn;
(iv)if it is intended that court proceedings may be instituted against the person in respect of the alleged infringement, a statement to that effect;
(v)if a payment has been made in respect of the infringement penalty, a statement as to the refund of the amount so paid; and
(vi)the name and signature of the authorised officer by whom the infringement notice was withdrawn.
7.Payment of penalty
r. 7
Payment of the prescribed penalty may be made by sending the amount of the penalty by post or delivering it to the address specified in the notice as the address for payment of the penalty.
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Sch.
inserted by S.R. No. 123/1997
reg. 4.
SCHEDULE
PART 1—Offences under the Act
Sch.
Column 1Item No. / Column 2
Section of the Act creating the offence / Column 3
Summary of offence
010 / 18(1) / Sale of veterinary chemical product, fertiliser or stock food without a label or advice note that complies with the regulations or prescribed requirements
020 / 18(4) / Non-compliance with a notice issued under section 18(3) of the Act
030 / 19(6) / Sale of chemical product, stock food, agricultural produce or stock without notifying buyer of withholding period
040 / 24(1) / Manufacture or sale of fertiliser or stock food that does not comply with prescribed standards or contains constituents that do not comply
050 / 25(1) / Sale of veterinary chemical product, fertiliser or stock food in contravention of Order
060 / 25A(1) / Use of chemical product, fertiliser or stock food in contravention of Order
070 / 30 / Commercial use of prescribed chemical product, fertiliser or stock food, or prescribed class, without holding commercial operator licence and complying with licence conditions
080 / 39(4) / Non-compliance with Order under section 38 (agricultural spraying)
090 / 42(1) / Piloting an aircraft to carry out aerial spraying without holding pilot (chemical rating) licence and complying with licence conditions
Column 1
Item No. / Column 2
Section of the Act creating the offence / Column 3
Summary of offence
100 / 42(2) / Piloting an aircraft to carry out aerial spraying without holding agricultural aircraft operator licence and complying with licence conditions
110 / 42(3) / Unlicensed person allowing employee or agent to pilot aircraft to carry out aerial spraying
120 / 43(1) / Aircraft operator allowing aerial spraying to be carried out from aircraft without holding an approved insurance policy
130 / 43(2) / Unlicensed aircraft operator allowing aerial spraying to be carried out from aircraft
140 / 48(2) / Non-compliance with contaminated stock Order
150 / 49(4) / Non-compliance with contaminated stock notice
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Sch. Pt 2 amendedby S.R.No. 33/2003 reg.3.
PART 2—Offences under the Agricultural and Veterinary Chemicals (Control of Use) Regulations 1996[2]
Sch.
Column 1Item No. / Column 2
Regulation creating the offence / Column 3
Summary of offence
200 / 6(1) / Failure by user of agricultural chemical product to make and keep records
210 / 7(1) / Failure by aerial applicator or commercial ground applicator to make and keep records
220 / 7(2) / Failure by aerial applicator or commercial ground applicator to certify records
Column 1
Item No. / Column 2
Regulation creating the offence / Column 3
Summary of offence
230 / 10(1) / Carrying out aerial spraying without equipment fitted with cut-off valve
240 / 10(2) / Carrying out aerial spraying without other safety measures
Sch.
250 / 13(2) / Failure by veterinary surgeon to give or leave label or advice note after treatment260 / 15 / Failure by veterinary surgeon to keep records of sale or use of veterinary chemical product that has a withholding period
270 / 16A(1) / Failure by user of hormonal growth promotant to make accurate record
280 / 16A(2) / Failure by user of hormonal growth promotant to keep record
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ENDNOTES
1.General Information
Endnotes
The Agricultural and Veterinary Chemicals (Infringement Notices) Regulations 1994, S.R. No. 211/1994 were made on 20 December 1994 by the Governor in Council under section 76 of the Agricultural and Veterinary Chemicals Act 1992, No. 46/1992 and came into operation on 20 December 1994.
The Agricultural and Veterinary Chemicals (Infringement Notices) Regulations 1994 will sunset 10 years after the day of making on 20December 2004 (see section 5 of the Subordinate Legislation Act 1994).
2.Table of Amendments
Endnotes
This Version incorporates amendments made to the Agricultural and Veterinary Chemicals (Infringement Notices) Regulations 1994 by statutory rules, subordinate instruments and Acts.
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Agricultural and Veterinary Chemicals (Infringement Notices) (Amendment) Regulations 1995, S.R. No. 27/1995
Date of Making: / 7.3.95Date of Commencement: / 15.3.95: reg. 3
Agricultural and Veterinary Chemicals (Infringement Notices) (Further Amendment) Regulations 1995, S.R. No. 90/1995
Date of Making: / 25.7.95Date of Commencement: / 25.7.95
Agricultural and Veterinary Chemicals (Infringement Notices) (Amendment) Regulations 1997, S.R. No. 123/1997
Date of Making: / 11.11.97Date of Commencement: / 11.11.97
Agricultural and Veterinary Chemicals (Infringement Notices) (Amendment) Regulations 2003, S.R. No. 33/2003
Date of Making: / 6.5.03Date of Commencement: / 6.5.03
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3.Explanatory Details
Endnotes
1
[1] Reg.2A: The name of this Act has been changed to the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 by section 38 of the Agricultural and Veterinary Chemicals (Victoria) Act 1994, No.73/1994.
[2] Schedule Part 2: S.R. No. 71/1996.