Chemical Usage (Agricultural and Veterinary) Control Act 1988

This Act may be cited as the Chemical Usage (Agricultural and Veterinary) Control Act 1988.

This section and section 1 shall commence on the day on which this Act is assented to for and on behalf of Her Majesty.

Except as provided by subsection (1), this Act or the provisions thereof specified in the proclamation shall commence on the day or days appointed by proclamation for the commencement of this Act or, as the case may be, those provisions.

s 3 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 standards officer and deputy standards officers may be employed under the Public Sector Act 2022.

The standards officer has the functions and powers given to the officer under this or another Act.

A deputy standards officer has the functions and powers given to the officer under this Act or by the standards officer.

The standards officer may delegate to a deputy standards officer or another officer of the department the standards officer’s powers under this or another Act, including any powers delegated to the standards officer under this or another Act.

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 that 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.