The Act establishes the procedure to be followed by applicants and the requirements to be met for the registration of pesticides and labels and for the approval of containers. This Act should be read in conjunction with the Agvet Code, set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 of the Commonwealth.
Preliminary; Administration; Registration, approvals and licences; Permits; Pesticide orders; Control of pesticides; Prohibited residues in foodstuffs; Supplementary.
Particular attention should be paid to Part 7 concerning prohibited residues in foodstuffs. When an inspector believes on reasonable grounds that a quantity of a prescribed foodstuff contains a prohibited residue he may, with the consent of the Registrar, serve a notice containing: (a) the name of the foodstuff; (b) a description of the place where the foodstuff is situated at the time of service of the notice; (c) the quantity of the foodstuff; (d) the expiry date of the notice. The Minister may make an order in respect of the whole or part of a quantity of prescribed foodstuff that is specified or described in the above-mentioned notice. The order shall: (a) state the name of the foodstuff; (b) describe where the foodstuff was situated; (c) specify or describe the quantity of the foodstuff; (d) specify the date on which the order is made; (e) specify the expiry date of the order. Furthermore, the order may contain provisions requiring the person concerned (a) not to part with possession or control of the foodstuff; (b) to retain the foodstuff in a place specified in the order that is under the control of that person; (c) to deal with the foodstuff or to perform acts in relation to the foodstuff in accordance with directions set out in the order being directions that are reasonably necessary for the preservation of the health of the public or of any person; or (d) to destroy the foodstuff in a manner described in the order or in accordance with the directions of an inspector (sect. 51). If a person fails to comply with a requirement of an order under section 51 to destroy a quantity of a prescribed foodstuff, the Minister may authorize an inspector to destroy the foodstuff. Sections 22A-22C regulate the application to the Registrar (a) for an aircraft (pesticide applicator) licence; or (b) for a pilot (pesticide rating) licence and the issue of said licences. The Registrar may also issue permits for doing or omitting things that would otherwise constitute on offence according to certain sections of this Act. In this case the Registrar shall specify: (a) the person to whom it is issued; (b) the pesticides or class of pesticides in respect of which the permit is issued; (c) the purpose for which it is issued; (d) the fee to be paid (if any). Part 6, on the control of pesticides, regulates (a) the sale, supply and possession of pesticides; (b) the obligation to conform to approved standards as regards the sale of pesticides; (c) the manufacture of date-controlled pesticides; (d) the application and the issue of certificate for the use of a restricted pesticide. Supplementary provisions contained in Part 8 regard inter alia: powers of inspectors, appeals against orders, etc., prosecutions, forfeiture, disposal of forfeited property, disclosure of information.