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Contents (1999 - 80)
Pesticides Act 1999 No 80
Current version for 15 January 2016 to date (accessed 20 November 2017 at 14:53)
Part 4 Section 38
38   Making of pesticide control order
(1)  The Environment Protection Authority may, with the approval of the Minister, make a pesticide control order.
 Section 43 (2) of the Interpretation Act 1987 provides that if an Act confers a power on any person or body to make an order (whether or not the order must be in writing), the power includes power to amend or repeal any order made in the exercise of that power. Section 43 (3) of that Act also requires the Authority to obtain the approval of the Minister before amending or repealing an order under this section.
(2)  A pesticide control order may be made:
(a)  for any purpose relating to the protection of public health, property, the environment or trade, or
(b)  in order to implement a decision or policy of the National Registration Authority in relation to any pesticide.
(3)  A pesticide control order has no effect unless it is published in the Gazette.
(4)  A pesticide control order takes effect on and from the date specified in the order (being a date that is not earlier than the date the order is published in the Gazette).
(5)  The Environment Protection Authority is to cause a pesticide control order to be published in such newspapers and other publications as the Authority thinks appropriate.
(5A)  A pesticide control order may refer to or incorporate, with or without modification, a standard or other document prepared or published by a body specified in the order, as in force at a particular time or from time to time.
(5B)  The Minister may delegate the Minister’s function of granting approvals under this section to the Chairperson of the Environment Protection Authority.
(6)  In this section:
National Registration Authority means the National Registration Authority for Agricultural and Veterinary Chemicals established by the Agricultural and Veterinary Chemicals (Administration) Act 1992 of the Commonwealth.