Agricultural and Veterinary Chemicals (Control of Use) (Hormonal Growth Promotants) Order 1998

Agricultural and Veterinary Chemicals (Control of Use) (Hormonal Growth Promotants) Order 1998

I make the following order under the Agricultural and Veterinary Chemicals (Control of Use) Act 1995 .

David Llewellyn

Minister for Primary Industries, Water and Environment

1.   Short title

This order may be cited as the Agricultural and Veterinary Chemicals (Control of Use) (Hormonal Growth Promotants) Order 1998 .

2.   Commencement

This order takes effect on the day on which its making is notified in the Gazette.

3.   Interpretation

In this order –

Act means the Agricultural and Veterinary Chemicals (Control of Use) Act 1995 ;

hormonal growth promotant means a substance that has the effect by means of oestrogenic, androgenic or gestagenic activity of enhancing growth or production in bovines or bubalines;

Registrar means the person appointed as such under section 17 of the Act.

4.   Hormonal growth promotants

A person must not implant a hormonal growth promotant in cattle without the approval of the Registrar.

Penalty:  Fine not exceeding 50 penalty units.

5.   Application for approval

(1)  An application for approval is to be –

(a) in a form approved by the Registrar; and

(b) accompanied by any information the Registrar reasonably requires to consider the application; and

(c) accompanied by the fee of $50.

(2)  Only one application is required for all cattle on the same property.

6.   Granting or refusing approval

(1)  The Registrar may –

(a) grant the application for approval; or

(b) refuse to grant the application.

(2)  The Registrar is to provide the applicant with written reasons for the refusal.

(3)  An approval is in force for a period not exceeding 5 years as specified in the approval, unless sooner cancelled or suspended.

7.   Conditions

The Registrar may –

(a) impose any conditions in granting the application for approval; or

(b) vary or omit any conditions at any time; or

(c) impose additional conditions at any time.

8.   Cancellation or suspension of approval

(1)  The Registrar may cancel or suspend an approval granted to a person if –

(a) the person fails to comply with a condition of the approval; or

(b) the person is convicted of an offence under the Act; or

(c) the Registrar considers it desirable to do so in the circumstances.

(2)  Before taking any action under subclause(1), the Registrar is to give the person –

(a) written reasons for the proposed action; and

(b) an opportunity to give written comments of that action.

(3)  If the Registrar cancels an approval, the Registrar, by written notice, is to advise the person of the day on which the cancellation takes effect.

(4)  If the Registrar suspends an approval, the Registrar, by notice in writing, is to advise the person of –

(a) the period during which the suspension is in force; or

(b) any conditions that are to be satisfied before the suspension is lifted.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 18 November 1998

This order is administered in the Department of Primary Industries, Water and Environment .

EXPLANATORY NOTE

(This note is not part of the order)

(a) prohibits the use of hormonal growth promotants in cattle without an approval from the Registrar of Chemical Products; and

(b) provides for the granting, refusal and conditions of such an approval.