Agricultural Chemicals Distribution Control Act 1966

This Act may be cited as the Agricultural Chemicals Distribution Control Act 1966.

Parts 3 and 4 shall come into operation on a date to be fixed by the Governor in Council by proclamation published in the gazette.

The same date may be so fixed in respect of both of those parts or different dates may be so fixed in respect of them respectively.

Parts 5 and 6 shall come into operation—

to the extent to which the provisions of those parts relate to aerial distribution—on the date on which part 3 comes into operation; and

to the extent to which the provisions of those parts relate to ground distribution—on the date on which part 4 comes into operation.

No provision of this section or proclamation made under this section shall limit or prejudice howsoever the power conferred upon the Governor in Council by section 3.

The Governor in Council, by regulation, may declare that this Act, or a specified provision of this Act, does not apply in a specified part of the State.

Save as where otherwise expressly provided in this Act, the provisions of this Act bind the Crown.

s 5 om 15 March 1995 RA s 36

The dictionary in the schedule defines particular words used in this Act.

Words and expressions used in the Agvet Code and this Act have the same meanings in this Act as they have in the Agvet Code.

Words and expressions mentioned in subsection (1) that are expressly defined in section 3 of the Agvet Code are also signposted in the dictionary.

A reference in this Act to loss or damage caused by aerial or ground distribution, or by the distribution of agricultural chemicals by aerial or ground distribution, includes loss or damage caused by the drift of any agricultural chemical used in the distribution.

The chief executive may appoint a person to be an inspector or analyst.

The chief executive may appoint a person as an inspector or analyst only if the chief executive is satisfied the person has the necessary expertise or experience.

In this section—

inspector does not include the standards officer or a deputy standards officer.

The powers of an inspector may be limited—

under a regulation; or

under a condition of appointment; or

by written notice of the chief executive given to the inspector.

The chief executive must give each inspector an identity card.

The identity card must—

contain a recent photograph of the inspector; and

be signed by the inspector; and

identify the person as an inspector under this Act.

A person who ceases to be an inspector must return the person’s identity card to the chief executive as soon as practicable (but within 21 days) after the person ceases to be an inspector, unless the person has a reasonable excuse for not returning it.

Maximum penalty—10 penalty units.

This section does not prevent the giving of a single identity card to a person under this Act and for other Acts or purposes.

An inspector may exercise a power under this Act in relation to someone else only if the inspector—

first produces his or her identity card for the person’s inspection; or

has the identity card displayed so it is clearly visible to the person.

However, if for any reason it is not practicable to comply with subsection (1), the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity.