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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 02:47)
Part 5
Part 5 Miscellaneous powers and offences
40   Application of Chapter 7 of Protection of the Environment Operations Act 1997
Chapter 7 (Investigation) of the Protection of the Environment Operations Act 1997 extends to the exercise of powers in connection with this Act and the regulations.
Note.
 Section 186 of the Protection of the Environment Operations Act 1997 provides that Chapter 7 of that Act extends to the exercise of powers in connection with certain other legislation, including this Act. Chapter 7 of the Protection of the Environment Operations Act 1997 deals with such matters as the appointment of authorised officers, powers to require information and records, powers of entry and search, powers to question and to identify persons, and powers with respect to certain things such as vehicles.
41   Destruction of pesticides
(1)  An authorised officer may, with the written approval of the Environment Protection Authority, give directions for the destruction of, or rendering harmless of, any pesticide if the authorised officer is of the opinion that:
(a)  it is necessary in the interest of public health or of any person to do so, or
(b)  it is necessary to do so because of any harm or risk of harm to any person, property, the environment or trade.
(2)  A person to whom any such direction is given must comply with the direction.
Maximum penalty:
(a)  $120,000 in the case of a corporation, or
(b)  $60,000 in the case of an individual.
Note.
 An offence against subsection (2) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 112.
(3)  An authorised officer may give a direction under subsection (1) without the approval of the Environment Protection Authority in an emergency situation where there is an imminent danger to public health (or of any person) or imminent harm to property, the environment or trade.
(4)  An authorised officer may destroy or render harmless any pesticide, or cause any pesticide to be destroyed or rendered harmless, if the owner of the pesticide authorises the authorised officer to do so.
(5)  The owner of the pesticide is liable for the expenses incurred in the destruction or rendering harmless of the pesticide concerned. Any such expense may be recovered by the Environment Protection Authority as a debt in a court of competent jurisdiction.
42   Defective equipment
(1)  This section applies where an authorised officer is of the opinion that any equipment being used in the application of a pesticide is defective to such an extent that, were it to be used, a breach of this Act might reasonably be expected to occur.
(2)  The authorised officer may, by notice in writing given to such person as appears to the authorised officer to have possession for the time being of the defective equipment, direct the person to cease using the equipment until:
(a)  such time as the equipment is repaired or serviced in accordance with the notice, or
(b)  such time as any other requirement specified in the notice is carried out, or
(c)  such other time as is specified in the notice.
(3)  A notice given under this section may be revoked or varied by an authorised officer by further notice in writing given to the person.
(4)  If a notice is given under this section in respect of any equipment, a person must not use the equipment in contravention of the notice.
Maximum penalty:
(a)  $120,000 in the case of a corporation, or
(b)  $60,000 in the case of an individual.
Note.
 An offence against subsection (4) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 112.
(5)  If an authorised officer has given a notice under this section in respect of any equipment, the authorised officer may affix to the equipment a notice (a defect notice) to the effect that the equipment is defective and must not be used.
(6)  A person (other than an authorised officer or person acting with the authority of such an officer) who removes a defect notice, or who obliterates or interferes with a defect notice, is guilty of an offence.
Maximum penalty: $60,000.
43   Attachment of aerial spraying equipment to aircraft
A person must not attach any aerial spraying equipment to an aircraft unless the aircraft is approved by the Civil Aviation Safety Authority for agricultural operations.
Maximum penalty:
(a)  $120,000 in the case of a corporation, or
(b)  $60,000 in the case of an individual.
44   Disclosure of information
(1)  A person is guilty of an offence if the person discloses any information relating to any agricultural, manufacturing or commercial secrets or working processes and obtained by the person in connection with the administration or execution of this Act or the regulations, unless the disclosure:
(a)  is made with the consent of the person from whom the information was obtained, or
(b)  is made in connection with the administration or execution of this Act or the regulations, or
(c)  is made with the prior permission of the Minister, or
(d)  is ordered by a court, or by any other body or person authorised by law to examine witnesses, in the course of, and for the purpose of, the hearing and determination by that court, body or person of any matter or thing, or
(e)  is made under subsection (3).
Maximum penalty: $20,000.
(2)  The Minister may grant the permission referred to in subsection (1) (c) only if the Minister is satisfied that to do so would be in the public interest.
(3)  The Environment Protection Authority may communicate any matter which comes to the knowledge of the Authority in the exercise or performance of its functions under this Act or the regulations:
(a)  to an officer or authority engaged in administering or executing a law of the Commonwealth or of another State or a Territory relating to pesticides, or
(b)  to any person, when communication of the matter to that person is, in the opinion of the Environment Protection Authority, reasonably related to the prevention of harm that may be, or the amelioration of harm that has been, caused by a pesticide to any person, property, the environment or trade.