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MEDICINES, POISONS AND THERAPEUTIC GOODS LEGISLATION AMENDMENT ACT 2022 (NO 25 OF 2022) - SECT 24

Chapter 2, Part 2.7, Division 4A inserted

After section 112

insert

Division 4A     Advertising use of pesticides

112A     Definition

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 .

112B     Representation by unauthorised person

    (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.

112C     Advertisement to include authorisation number

    (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.



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