After section 112
insert
In this Division:
"pest authorisation" means:
(a) a pest management technician licence; or
(b) a licence granted under Part 5, Division 2 of the Agricultural and Veterinary Chemicals (Control of Use) Act 2004 ; or
(c) an S7 authorisation issued under the Agricultural and Veterinary Chemicals (Control of Use) Regulations 2005 .
(1) A person commits an offence if the person:
(a) represents, by any means, that the person carries out pest control operations involving the use of a pesticide for fee or reward; and
(b) is not authorised under a pest authorisation to use the pesticide.
Maximum penalty: 100 penalty units.
(2) An offence against subsection (1) is an offence of strict liability.
(1) An advertisement for pest control operations that are offered by a business and involve the use of a pesticide must state:
(a) if the owner of the business holds a pest authorisation – the number of that authorisation; or
(b) otherwise – the number of the pest authorisation held by at least one person who is employed or contracted by the owner to carry out pest control operations for the business.
(2) A person commits an offence if:
(a) the person:
(i) places or distributes an advertisement for pest control operations that are offered by a business and involve the use of a pesticide; or
(ii) authorises another person to place or distribute an advertisement mentioned in subparagraph (i); and
(b) the advertisement does not state the information required under subsection (1).
Maximum penalty: 100 penalty units.
(3) An offence against subsection (2) is an offence of strict liability.
(4) In this section:
"advertisement "means every form of advertisement or notice, however displayed, and whether or not displayed to the public.
Examples for definition advertisement
1 A post on a social media platform.
2 A flyer on a noticeboard.