25—Possession of poisons (section 22 of Act)
(1) Section 22 of
the Act applies to the following poisons:
4-aminopropiophenone
Acrolein
Arsenic as an S7 poison
Chloropicrin
Cyanides as S7 poisons
Cyanogen
DDT
Fluoroacetamide
Fluoroacetic acid
Hydrocyanic acid as an S7 poison
Methyl bromide
Mirex
Sodium fluoroacetate
Strychnine as an S7 poison
Thallium.
(2) A person is exempt
from section 22 of the Act in respect of the possession of
4-aminopropiophenone if—
(a) the
4-aminopropiophenone is a constituent of baits designed for destroying
vertebrate animals; and
(b) the
concentration of 4-aminopropiophenone in each bait does not exceed 2%;
and
(c) the
total amount of 4-aminopropiophenone in the particular quantity of baits for
destroying vertebrate animals does not exceed 5 kilograms; and
(d) the
person—
(i)
has the written approval of the Minister to acquire and
possess those baits; and
(ii)
acquires the baits from a supplier approved by the
Minister.
(3) A person is exempt
from section 22 of the Act in respect of the possession of sodium
fluoroacetate if—
(a)
—
(i)
in the case of sodium fluoroacetate that is contained in
a capsule for use with a Canid Pest Ejector designed for destroying foxes or
wild dogs—the concentration of sodium fluoroacetate in each capsule does
not exceed 0.8%; or
(ii)
in the case of sodium fluoroacetate that is a constituent
of baits designed for destroying vertebrate animals—the concentration of
sodium fluoroacetate in each bait does not exceed 0.04%; or
(iii)
in the case of sodium fluoroacetate that is contained in
a cartridge for use with a Felixer grooming trap—the concentration of
sodium fluoroacetate in each cartridge does not exceed the constituent
concentration specified in the Public Chemical Registration Information System
(PUBCRIS) by APVMA; and
(b) the
total amount of sodium fluoroacetate present in the particular quantity of
capsules, cartridges or baits does not exceed 50 grams; and
(c) the
person—
(i)
has the written approval of the Minister to acquire and
possess those capsules, cartridges or baits; and
(ii)
acquires the capsules, cartridges or baits from a
supplier approved by the Minister.
(4) A person is exempt
from section 22 of the Act in respect of the possession of strychnine
if—
(a) the
person is the owner or occupier, or an agent or employee of an owner or
occupier, of land that is situated outside a township and outside
Metropolitan Adelaide; and
(b) the
strychnine is a constituent of baits designed for destroying mice; and
(c) the
quantity of baits in the person's possession does not exceed 5 kilograms;
and
(d) the
amount of strychnine present in any quantity of the baits does not exceed
0.5%.
(5) A person lawfully
in possession of baits containing strychnine under this regulation must not
use those baits except for the purpose of destroying mice in or around storage
areas on land situated outside a township and outside Metropolitan Adelaide.
Maximum penalty: $3 000.
(6) The Minister may
exempt a person who is licensed under the Controlled Substances (Pesticides)
Regulations 2017 from the requirement to hold a licence under
section 22 of the Act in respect of the use of a pesticide that is a
section 22 poison.