Training—use of other agricultural chemical products containing schedule 7 poisons
55K Training—use of other agricultural chemical products containing schedule 7 poisons
A person commits an offence if—
the person uses an agricultural chemical product; and
the product contains a schedule 7 poison; and
the product is not any of the following:
a declared liquid fumigant;
a declared vertebrate poison;
a declared avicide;
a declared industrial timber treatment;
a declared termiticide.
Maximum penalty: 10 penalty units.
An offence against this section is a strict liability offence.
Subsection (1) does not apply if the person holds—
a VET statement of attainment issued by a registered training organisation stating that the person has successfully completed each approved VET course unit of competency required for this section; or
a qualification that is substantially equivalent to the statement of attainment mentioned in paragraph (a).
Subsection (1) does not apply if—
the person uses the product—
as part of a farming or grazing activity; and
under the supervision of another person (the supervisor) who holds a qualification mentioned in subsection (3); and
before the use, the supervisor—
chooses the product and prepares it for the use; and
checks that any equipment that is to be used to apply the product is in good working order; and
instructs the user how to use the product; and
the person has used the product on not more than—
4 days in the last month; and
12 days in the last year.
Note The defendant has an evidential burden in relation to the matters mentioned in s (3) and s (4) (see Criminal Code, s 58).
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