Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) A person commits an offence if the person uses a declared vertebrate poison.
Maximum penalty: 10 penalty units.
(2) An offence against this section is a strict liability offence.
(3) Subsection (1) does not apply if the person holds—
(a) a VET statement of attainment issued by a registered training organisation stating that the person has successfully completed each approved VET course unit of competency required for this section; or
(b) a qualification that is substantially equivalent to the statement of attainment mentioned in paragraph (a).
(4) Subsection (1) does not apply if—
(a) the declared vertebrate poison is in the form of a prepared bait; and
(b) the use is in accordance with an environmental authorisation.
Note 1 Environmental authorisation —see the href="https://www.legislation.act.gov.au/a/1997-92/" title="Environment Protection Act 1997">Act
, dictionary.
Note 2 It is an offence to conduct a class A activity without an environmental authorisation—see the href="https://www.legislation.act.gov.au/a/1997-92/" title="Environment Protection Act 1997">Act
, s 42. The commercial use of a registered agvet chemical product for pest control or turf management is a class A activity—see the href="https://www.legislation.act.gov.au/a/1997-92/" title="Environment Protection Act 1997">Act
, sch 1, table 1.2, item 29.
Note 3 The defendant has an evidential burden in relation to the matters mentioned in s (3) and s (4) (see href="http://www.legislation.act.gov.au/a/2002-51" title="A2002-51">Criminal Code
, s 58).