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Contents (1999 - 80)
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Pesticides Act 1999 No 80
Current version for 15 January 2016 to date (accessed 23 August 2017 at 14:28)
Part 6 Division 3
Division 3 General provisions relating to licences and restricted pesticide authorisations
59   Contravention of conditions
A person who is the holder of a licence or restricted pesticide authorisation must not contravene any condition to which the licence or authorisation is subject.
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 this section 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.
60   Offences relating to false or misleading statements and holding out
(1)  A person must not, in connection with:
(a)  an application for a licence or a restricted pesticide authorisation, or
(b)  a notice of any proposed change in the particulars specified in a licence or restricted pesticide authorisation,
make any statement that the person knows to be false or misleading in a material particular.
Maximum penalty: $60,000.
(2)  A person must not make any representation to the effect that the person is the holder of a licence or restricted pesticide authorisation if the person does not hold the licence or authorisation concerned.
Maximum penalty: $60,000.
61   Misuse of licences or restricted pesticide authorisations
(1)  A person other than the holder of a licence or restricted pesticide authorisation must not, without reasonable excuse, have a licence or restricted pesticide authorisation in the person’s possession.
Maximum penalty: $60,000.
(2)  A person must not forge or alter a licence or restricted pesticide authorisation with intent to deceive.
Maximum penalty: $60,000.
(3)  The holder of a licence or restricted pesticide authorisation must not lend the licence or authorisation to, or allow it to be used by, any other person for any purpose for which the licence or authorisation was granted.
Maximum penalty: $60,000.
62   Application to Civil and Administrative Tribunal for administrative review of certain decisions
(1)  A person may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of any of the following decisions:
(a)  the refusal or failure by the Environment Protection Authority to grant a licence or restricted pesticide authorisation to the person,
(b)  a condition imposed by the Environment Protection Authority in relation to a licence or restricted pesticide authorisation granted to the person,
(c)  the suspension or revocation of a licence or restricted pesticide authorisation granted to the person.
(2)  For the purposes of this section, an application for the grant of a licence or restricted pesticide authorisation is taken to have been refused if the licence is not granted within 90 days after the application is made in accordance with this Act.