Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 188(1)]
1. Compliance with a code (as defined in
section 190) or a standard prescribed or adopted under the regulations.
2. The issue of instructions, specifications and
administrative procedures by the Director General.
3. Without limiting the
Interpretation Act 1984 section 43(8)(d), exemptions from the
application of a provision of this Act in a particular case or class of case,
and prescribing circumstances in which and conditions subject to which such an
exemption applies.
4. Fees and charges payable for services and
recovery of expenditure and costs incurred under this Act, and the recovery of
unpaid fees and charges.
5. The issue of authorisations by the Director
General for the purpose of controlling an activity or thing regulated under
this Act.
6. Inspections under this Act and the procedures
to be followed by inspectors when carrying out functions under this Act.
7. The import, export, seizure, detention,
examination, quarantine, treatment or destruction of organisms, potential
carriers, and agricultural products.
8. The establishment and management of inspection
points and quarantine facilities.
9. The movement of organisms and potential
carriers from one area of the State to another.
10. Categories of declared pests.
11. Measures, whether mechanical, biological,
chemical or otherwise, to be taken to control declared pests in the whole or
part of the State.
12. The designation of areas where potential
carriers of a declared pest must not be cultivated, bred or kept, or may be
cultivated, bred or kept subject to conditions or restrictions.
13. The labelling or other identification of, use,
disposal, supply, purchase, handling and movement of an organism, agricultural
product, animal feed, fertiliser or other thing.
14. With respect to —
(a) the
entry of persons, organisms, conveyances, machinery, and other potential
carriers into; and
(b) the
movement of persons, organisms, conveyances, machinery, and other potential
carriers on and from; and
(c) the
keeping of organisms, conveyances, machinery, and other potential carriers on;
and
(d) the
cultivating of; and
(e) the
fencing of; and
(f) the
use of,
places in or upon which declared pests are, or are
suspected to be, present.
15. The keeping, breeding, cultivation and supply
of declared pests.
16. The protection of natural enemies of declared
pests.
17. The measures to be taken for treating a place
or thing infected or infested, or reasonably suspected to be infected or
infested, with a declared pest and for treating a potential carrier.
18. The erection and maintenance of barrier fences
as a means of controlling animals that are declared pests.
19. The use and management of a place or thing
infected or infested, or reasonably suspected to be infected or infested, with
a declared pest.
20. The supply, acquisition and use of any
apparatus, appliance, thing or substance offered or represented, or which may
be offered or represented as suitable for use, to control a declared pest.
21. The keeping, breeding, cultivation and supply
of organisms that have the potential to have the adverse effects referred to
in section 22(2) if not adequately managed, and the release of those
organisms into the environment.
22. The formulation, manufacture, labelling, use,
storage, transport, handling, disposal and supply of animal feed, chemical
products and fertilisers.
23. The use and management of land in respect of
which a residue management notice is in force, and the sale or other disposal
of land in respect of which a residue management notice is in force and in
respect of which a land document is registered under section 101(4).
24. The supply, purchase, handling, movement and
treatment of agricultural products produced on, or derived from animals or
plants produced on, land in respect of which a residue management notice is in
force.
25. The use, management, supply, purchase,
handling, movement and treatment of agricultural products, animal feeds,
fertilisers and other things that are, or are reasonably suspected to be,
contaminated.
26. The duties and obligations of veterinary
surgeons and other persons in relation to —
(a) the
use of chemical products; and
(b) the
identification, handling, keeping, supply, purchase, transport and use of
animals, agricultural products or animal feed treated, or not treated, with a
chemical product; and
(c) the
keeping of records and provision of information in relation to that
identification, handling, keeping, supply, purchase, transport or use.
27. The qualifications and training of persons who
use, store, handle or transport, or advise on the use of, chemical products.
28. The keeping and production of records, the
giving of notices, and the making of declarations or returns, in relation to
the acquisition, supply, use, storage, handling or transport of chemical
products or the giving of advice in relation to those things.
29. The designation of areas where prescribed
chemical products are not to be used or are to be used subject to conditions
or restrictions.
30. (1) The maximum
residue limits of a chemical product or other chemical or prescribed substance
permitted in soil, water, animals, agricultural products, animal feed,
fertilisers and other substances.
(2) Without limiting
subitem (1), a regulation made in relation to a maximum residue
limit —
(a) may
provide that the maximum residue limit in respect of a chemical product or
other substance is nil; and
(b) may
provide that where a maximum residue limit in respect of a chemical product or
other substance is not prescribed, the maximum residue limit in respect of
that chemical product or other substance is to be taken to be nil; and
(c) may
provide for different maximum residue limits applicable in different
circumstances or according to different factors.
31. The use in agricultural activities of animal
manure, other animal by-products, human excrement, sewage and waste products.
32. Quality assurance schemes and the
administration of, and compliance with, those schemes.
33. The grade or quality of agricultural products.
34. The labelling and packaging of agricultural
products, animal feed, chemical products, fertilisers, and imported potential
carriers, including provisions as to the removal of labels.
35. Warranties, including implied warranties, as
to agricultural products, animal feed, chemical products and fertilisers, and
the consequences of breaching a warranty.
36. The issue and use of identifiers.
37. The registration of stock or owners of stock.
38. The certification of places used in relation
to the artificial breeding of stock.
39. Measures to be taken for the prevention and
treatment of nutritional deficiencies in stock or plants where those
deficiencies may adversely affect —
(a) the
safety or quality of agricultural products derived from that stock or those
plants; or
(b) a
determination as to whether stock or plants are infected or infested with a
declared pest.
40. The provision of financial assurances by
persons importing, supplying, keeping, breeding or cultivating organisms.
41. The payment of —
(a)
rewards to persons who report finding prohibited or unlisted organisms; and
(b)
rewards for destruction of declared pests.
42. The giving of directions by signs or notices.
43. The prevention of interference with
experiments conducted by or on behalf of the department on or in relation to
declared pests, including —
(a)
prohibiting or regulating entry to a place on which such experiments are being
conducted; and
(b)
prohibiting the trapping, catching or killing of animals that are declared
pests on any place on which such experiments are being conducted.
44. The seizure, detention, treatment, forfeiture,
destruction and disposal of any organism, agricultural product, animal feed,
chemical product, fertiliser or other thing —
(a)
under Part 4 Division 4; or
(b) in
respect of which fees or charges have not been paid under this Act.
45. The use of trained animals, and the
installation and use of x-ray machines or any other mechanical or electronic
devices, and any other means of detecting organisms, potential carriers,
agricultural products and animal feed.
46. The identification and certification of
organisms, potential carriers and agricultural products.
47. The registration of businesses supplying
garden plants or live animals as pets.
48. The analysis of organisms, agricultural
products, animal feed, fertilisers and other substances or things for the
presence of declared pests or chemical residues, or for any other purpose.
49. Applications to the State Administrative
Tribunal —
(a) for
review of discretionary decisions, and conditions imposed on discretionary
decisions; and
(b) to
deal with disputes arising under this Act.
50. Recording and keeping information and other
documentation, and giving information, documentation and notices.
51. The verification and authentication of
information, documentation and notices.
52. Offences for which an infringement notice may
be issued under Part 4 Division 4 (but not including any offence for
which the penalty includes imprisonment) by setting out the offences or by
reference to the provision creating the offence.
53. Modified penalties —
(a) not
exceeding 20% of the penalty specified by this Act or the regulations for an
offence prescribed under item 52; and
(b)
applicable —
(i)
in any circumstances in which the offence is committed;
or
(ii)
if the offence is committed in circumstances prescribed
in the regulations.
54. The imposition of fines not exceeding
$20 000 for offences under the regulations, with or without a fine for
each separate and further offence committed under the
Interpretation Act 1984 section 71 of not more than $500.