(1) A person commits an offence if the person uses a declared avicide.
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—
(a) holds—
(i) 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
(ii) a qualification that is substantially equivalent to the statement of attainment mentioned in subparagraph (i); and
(b) has successfully completed an approved avicide training course.
Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see href="http://www.legislation.act.gov.au/a/2002-51" title="A2002-51">Criminal Code
, s 58).
(4) The authority may approve a VET course unit of competency or other training course for this section (an approved avicide training course ) if satisfied that it includes appropriate training in—
(a) identifying pest birds and understanding their behaviour; and
(b) assessing how to manage pest birds and control them using agvet chemical products.
(5) An approval is a notifiable instrument.